sisennõude

sisennõude is an Estonian legal term that translates to "substantive claim" or "claim on the merits." It refers to the actual right or demand that a party asserts in a legal proceeding, as opposed to procedural issues. For instance, in a contract dispute, the substantive claim might be a demand for payment of a debt, while a procedural issue could be about whether the lawsuit was filed within the statute of limitations.

The concept of a sisennõude is fundamental to civil litigation. It is the core of what the court is asked to decide. To succeed on a sisennõude, a plaintiff must prove the facts that give rise to their legal right and demonstrate that they are entitled to a remedy under the law. This typically involves presenting evidence, witness testimony, and legal arguments.

In Estonian law, as in many other legal systems, distinguishing between substantive and procedural matters is crucial. Procedural rules govern how a case progresses through the courts, ensuring fairness and efficiency. However, it is the sisennõude that ultimately determines the outcome of the dispute regarding the parties' rights and obligations. A court will first consider whether a valid sisennõude exists before ruling on any associated procedural matters. The resolution of the sisennõude dictates whether the plaintiff's claim is granted or denied.