taganemisõigust

Tagasiostuõigus, commonly referred to as taganemisõigus in Estonian legal context, is a legal right that allows a party to withdraw from a concluded contract under certain conditions. This right is not absolute and is typically stipulated by law or agreed upon by the parties in the contract itself. The specific terms and conditions governing the exercise of taganemisõigus vary depending on the type of contract and the relevant legislation.

In consumer protection law, taganemisõigus is particularly important. Consumers often have a right to withdraw from distance contracts, such as online purchases, or off-premises contracts within a specified cooling-off period without providing a reason. This aims to protect consumers who may have made impulsive decisions or were not able to fully inspect the goods or services before purchase. The consumer usually must inform the seller of their decision to withdraw within the designated timeframe, and often bears the cost of returning the goods.

Beyond consumer contracts, taganemisõigus can exist in other legal relationships, though less frequently. For instance, certain provisions in property law or company law might grant a party the right to withdraw from an agreement under specific circumstances, often related to a breach of contract or a significant change in the underlying conditions. The exact scope and limitations of taganemisõigus are crucial for legal certainty and are often subject to interpretation by courts. It is essential for individuals and businesses to be aware of whether such a right applies to their contractual obligations.