Tagatisvõlausaldaja

Tagatisvõlausaldaja refers to a creditor who holds a security interest in a debtor's property as collateral for a loan or other debt. This security interest, known as a pledge or mortgage, provides the creditor with a right to seize and sell the collateral if the debtor defaults on their obligations. The purpose of this arrangement is to reduce the risk for the creditor, making them more willing to extend credit.

In Estonian law, the concept of tagatisvõlausaldaja is primarily governed by the Law of Obligations Act and the Law of Property Act. The most common forms of collateral include mortgages on real estate, pledges on movable property such as vehicles or equipment, and pledges on financial assets like shares or bank accounts. The creation and perfection of these security interests are crucial to ensure the tagatisvõlausaldaja's rights are enforceable against third parties.

When a debtor fails to meet their contractual obligations, the tagatisvõlausaldaja has the right to enforce their security interest. This typically involves initiating a procedure to sell the collateral, with the proceeds from the sale being used to satisfy the outstanding debt. If the sale proceeds exceed the debt amount, any surplus is returned to the debtor. Conversely, if the proceeds are insufficient, the tagatisvõlausaldaja may still have a claim against the debtor for the remaining balance, depending on the specific terms of the agreement and applicable laws. The rights and obligations of both the tagatisvõlausaldaja and the debtor are defined by the underlying loan agreement and the laws governing security interests.