Vahetuslepingus

Vahetuslepingus, also known as a "change of contract" or "contract modification" in English, refers to an agreement between parties that alters the terms of an existing contract. In Estonian law, such modifications must adhere to the principles outlined in the Estonian Contracts Act (*Lepingute seadus*), ensuring that the changes are made voluntarily and with mutual consent.

A vahetuslepingus typically involves revising key elements such as payment terms, delivery schedules, or performance obligations. For the modification to be legally binding, both parties must agree to the changes, and the new terms must not contradict the fundamental purpose of the original contract. If the modification significantly alters the contract’s nature, it may be considered a new agreement rather than a modification.

In practice, vahetuslepingus is often documented in writing to avoid disputes over oral agreements. If the original contract does not allow for modifications, any changes must be explicitly approved by all parties involved. Failure to follow proper procedures may result in legal challenges regarding the validity of the revised terms.

Vahetuslepingus is commonly used in business transactions, real estate agreements, and employment contracts, where adjustments to terms may be necessary due to changing circumstances. Courts in Estonia generally uphold modifications as long as they comply with the law and do not violate public policy or the rights of third parties.