teisesettevalduses

Teisesettevalduses refers to a legal concept in Estonian law concerning the possession of property by a person who is not the owner. This term can be translated as "possession by another" or "third-party possession." It describes a situation where someone, other than the legal owner, is physically controlling and using a property. This can occur for various reasons, such as renting a property, having a usufructuary right, or even in cases of unauthorized occupation. The legal rights and obligations associated with teisesettevalduses depend on the specific circumstances and the legal basis for the possession.

In Estonian civil law, the distinction between ownership and possession is crucial. While ownership grants comprehensive rights over a property, possession refers to the factual control over it. Teisesettevalduses highlights this distinction, acknowledging that possession can be held by someone other than the owner. This concept is important in matters of property disputes, lease agreements, and enforcement proceedings. The law differentiates between lawful and unlawful possession. Lawful teisesettevalduses is based on a legal right, such as a contract or a limited real right. Unlawful possession, on the other hand, occurs without any legal basis and may lead to legal action by the owner to reclaim possession. The duration and nature of teisesettevalduses can also influence legal outcomes, particularly in relation to prescription or adverse possession, although Estonian law has specific requirements for acquiring ownership through long-term possession.