Võõrandatavus

Võõrandatavus is an Estonian legal concept referring to the ability of a right or asset to be transferred from one party to another. This transfer can occur through various means, including sale, gift, inheritance, or other legal transactions. The core idea is that the holder of the right or asset can effectively relinquish their ownership or claim and vest it in a new party.

Not all rights or assets are võõrandatav. Certain rights, such as personal rights like the right to life or the right to vote, are generally considered inalienable and therefore not subject to transfer. Similarly, some assets might have legal restrictions on their transferability, such as certain state-owned properties or specific types of intellectual property under particular conditions.

The concept of võõrandatavus is fundamental to property law and contract law. It underpins the functioning of markets, enabling the exchange of goods, services, and financial instruments. When an asset or right is võõrandatav, it gains economic value as it can be utilized by others who may have a greater need or capacity for it. The legal framework surrounding võõrandatavus ensures that transfers are conducted in a clear and enforceable manner, protecting the rights of both the transferor and the transferee. Understanding whether something is võõrandatav is crucial for determining its economic potential and its place within the legal system.