kasutamisõigust

Kasutamisõigus refers to the right to use something belonging to another person. It is a concept rooted in civil law, particularly in Estonian law, and it grants a specific individual or entity the authority to utilize a particular asset. This right is distinct from ownership, as the holder of the kasutamisõigus does not possess the asset itself but rather the entitlement to its use under predefined conditions.

The nature and scope of a kasutamisõigus are typically established by a contract or a legal provision. For example, it can be granted through a lease agreement, where the lessee has the right to use a property for a specified period in exchange for rent. Similarly, a right of use might be granted for intellectual property, allowing someone to utilize a patent or copyright without owning it. The terms and limitations of the kasutamisõigus are crucial and dictate what actions the holder can take with the asset, for how long, and under what circumstances.

In Estonian legal practice, kasutamisõigus is a recognized form of limited real right or contractual right. It is essential to differentiate it from other rights such as ownership (omand), possession (valdus), or usufruct (kasutusvaldus), although it can sometimes overlap or be integrated with these. Understanding the precise definition and boundaries of a kasutamisõigus is vital for both the grantor and the holder to ensure clarity and prevent disputes regarding the utilization of the asset.