Tagatisõigused

Tagatisõigused are legal rights that secure the performance of an obligation by encumbering the debtor’s assets or providing security from a third party. They are designed to ensure that a creditor can obtain satisfaction of a claim if the debtor defaults.

Tagatisõigused arise either by contract between the parties or by statutory provision, and they can also be established by court decision in certain proceedings. They create a security interest that gives the creditor a priority claim over the encumbered asset rather than over the debtor’s other property.

Common forms include mortgages on immovable property and pledges on movable property, as well as guarantees or sureties from third parties. A mortgage tied to real estate is typically created by agreement and, in many systems, must be registered in a public land register to be enforceable against third parties. A pledge on movable property is usually established by delivering or taking control of the asset as security. Personal guarantees involve a third party’s promise to fulfill the debtor’s obligation if the debtor fails to do so.

In case of non-performance, security rights enable creditors to enforce the encumbered asset to satisfy the claim. If several security interests exist, their priority is generally determined by the order of creation or by specific statutory or contractual rules, such as registration dates where applicable.

A security right ends when the obligation is discharged, the security is released by agreement, or otherwise terminated in accordance with applicable law. Tagatisõigused are a key instrument in risk management and credit markets, balancing creditors’ interests with debtors’ rights.