tagatisnõue

Tagatisnõue, also known as a counterclaim or reconvention, is a legal term used in the context of civil proceedings. It refers to a claim made by the defendant in a lawsuit that asserts that the plaintiff, in addition to not being entitled to the remedy sought, is actually liable to the defendant. In other words, it is a claim that the defendant makes against the plaintiff, typically arising from the same transaction or occurrence that is the subject of the plaintiff's claim.

The purpose of a tagatisnõue is to allow the defendant to seek compensation or relief from the plaintiff, essentially turning the tables on the original claim. This mechanism is designed to promote judicial economy by allowing all related claims to be resolved in a single proceeding, rather than requiring separate lawsuits.

The rules governing tagatisnõue can vary significantly depending on the jurisdiction. In some legal systems, the defendant must raise the counterclaim in the initial response to the plaintiff's claim, while in others, there may be more flexibility in the timing. Additionally, the specific requirements for what constitutes a valid tagatisnõue, such as the need for a connection between the claims, can differ.

In practice, tagatisnõue can complicate the litigation process, as it requires the plaintiff to defend against the original claim while also addressing the defendant's counterclaim. However, it also provides an opportunity for a more comprehensive resolution of the dispute between the parties. The outcome of a tagatisnõue can result in a net judgment, where the court awards damages or relief to one party and against the other, taking into account both the original claim and the counterclaim.