kõrvalnõue

Kõrvalnõue, often translated as a counterclaim or cross-claim, is a legal term referring to a claim brought by a defendant against a plaintiff or another defendant within the same lawsuit. It allows a party who has been sued to assert their own claims arising from the same set of facts or related circumstances as the original lawsuit. This mechanism prevents the need for separate lawsuits and can resolve multiple disputes between the parties efficiently.

The purpose of a kõrvalnõue is to provide a comprehensive resolution of all disputes between the parties involved in a single legal proceeding. It ensures that all relevant issues are heard and decided by the court simultaneously. For example, if a plaintiff sues a defendant for breach of contract, the defendant might file a kõrvalnõue alleging that the plaintiff also breached the same contract, or that the plaintiff is liable for damages caused during the performance of the contract.

The rules governing kõrvalnõuded vary by jurisdiction, but generally, such claims must be filed within a specific timeframe after the initial lawsuit is commenced. The court will then consider both the original claims and the kõrvalnõue together when making its final judgment. This process promotes judicial economy and fairness by addressing all related grievances in one forum.