varuõigus

Varuõigus, meaning "right of retention" in English, is a legal concept in Estonian civil law. It grants a party holding possession of another person's movable property the right to retain that property until their claim against the owner of the property is satisfied. This right serves as a form of security for the possessor.

The conditions for establishing a varuõigus are generally that the possessor must have lawfully acquired possession of the property, and there must be a claim against the owner that is due and payable. The claim does not necessarily have to be directly related to the property itself, but it must be a valid financial obligation. For example, a mechanic who repairs a car may have a varuõigus over the car until the repair bill is paid.

The scope of the varuõigus is limited to the value of the claim. The possessor cannot demand more than what is owed to them. If the owner wishes to retrieve their property, they must either pay the debt or provide adequate security for its payment. The right of retention is extinguished once the debt is satisfied or if the possessor voluntarily relinquishes possession of the property without reserving their right. It is a significant tool for ensuring payment for services rendered or goods delivered when possession can be maintained.