tagatisõigus

Tagatisõigus, also known as a right of recourse, is a legal concept that allows a party to seek compensation or other remedies for damages suffered due to the negligence or misconduct of another party. This concept is prevalent in various legal systems, including those of Estonia, where it is regulated by the Civil Code.

In Estonia, tagatisõigus is typically exercised through a claim for damages, where the injured party seeks compensation for the losses incurred. This can include financial losses, emotional distress, or any other form of damage resulting from the negligent or wrongful actions of another party. The claimant must prove that the defendant's actions were negligent or intentional and that these actions directly caused the damages suffered.

The right of recourse is an essential aspect of civil law, as it provides a mechanism for victims of negligence or misconduct to seek justice and compensation. It encourages accountability and helps to deter future negligent or wrongful behavior. However, the exercise of this right is subject to certain limitations and requirements, such as the statute of limitations, which sets a time limit within which the claim must be filed.

Tagatisõigus is a fundamental principle in civil law, ensuring that individuals and entities can seek redress for harm caused by others. It plays a crucial role in maintaining the integrity of the legal system and promoting fairness and justice.