Tühistamisreeglid

Tühistamisreeglid refer to the principles and procedures governing the cancellation or nullification of legal acts, contracts, or decisions. In Estonian law, these rules are fundamental to ensuring legal certainty and fairness. Generally, a legal act can be declared void if it suffers from a material defect, such as being contrary to mandatory provisions of law, violating public order, or lacking the necessary form or capacity of the parties involved.

There are different types of invalidity. Absolute invalidity means the legal act is void from its inception, as if it never existed. This typically applies to acts that are fundamentally flawed from the outset. Relative invalidity, on the other hand, means the act is valid until it is challenged and declared invalid by a court or other competent authority. This often applies to situations involving defects in consent, such as fraud, duress, or mistake.

The process of invoking tühistamisreeglid usually involves a legal claim or a formal declaration. Time limits, known as statutes of limitation or prescription periods, are often crucial in determining whether an act can still be challenged. If these time limits expire, the right to seek cancellation may be lost. The consequences of a successfully invoked tühistamisreeglid typically involve restoring the parties to their original positions as if the legal act had never occurred, which may include returning any benefits received. The specific application of these rules can vary depending on the nature of the legal act and the governing legislation.