liignõigust

Liignõigust, often translated as "excessive right" or "unjustified claim," is a legal concept primarily found in Estonian law, though similar principles can exist in other civil law jurisdictions. It refers to a situation where a person asserts a right that they do not legitimately possess or that exceeds the scope of their actual entitlement. This can manifest in various legal contexts, including property law, contract law, and inheritance law.

The core idea behind liignõigust is the protection against the abuse of rights. If an individual claims more than they are legally due, or attempts to exercise a right in a manner that is contrary to good faith or public order, their claim may be deemed invalid or their actions deemed unlawful. The legal system aims to prevent individuals from benefiting from baseless or exaggerated assertions of their rights, thereby ensuring fairness and maintaining the integrity of legal transactions.

The determination of whether a right constitutes liignõigust typically involves a careful examination of the specific facts of the case, the relevant legal provisions, and established legal principles. Courts will consider the intent of the claimant, the reasonableness of their claim, and any potential harm caused to other parties. Unlike a complete lack of right, liignõigust often involves a situation where a right exists in some form, but the claimant's assertion of it is excessive or without proper legal basis. This concept serves as a safeguard against opportunistic or fraudulent behavior within the legal framework.