Substantiivõiguseks

Substantiivõiguseks is an Estonian legal term that translates to "substantive right" or "substantive claim" in English. It refers to a right that exists independently of any procedural action or remedy. In essence, it is the underlying legal entitlement that a person or entity possesses. This contrasts with procedural rights, which are the means by which a substantive right is enforced through the legal system.

A substantive right is the actual right to something, such as the right to own property, the right to receive payment for a debt, or the right to be free from defamation. These rights are often established by statutes, common law, or contractual agreements. When a substantive right is infringed upon, the affected party may have a claim for relief.

The concept of substantiivõiguseks is crucial in legal proceedings. Before a court can grant a remedy, it must first establish that a valid substantive right exists and that this right has been violated. Procedural rules then dictate how this violation can be brought before the court and how the right can be enforced. For example, a person might have a substantiivõiguseks to a sum of money owed to them (e.g., a debt). The procedural aspect would involve filing a lawsuit to recover that debt. The existence of the debt itself is the substantive right, while the lawsuit is the procedural mechanism for its enforcement.