viivisnõue

Viivisnõue is an Estonian legal term that translates to "claim for delay" or "claim for late performance." It refers to a legal claim that a creditor can make against a debtor when the debtor fails to fulfill their contractual obligations by the agreed-upon deadline. This concept is a fundamental aspect of contract law and aims to protect the rights of parties who have not received what they are owed in a timely manner.

When a viivisnõue is established, the debtor is considered to be in default. The consequences of this default can vary depending on the terms of the contract and the relevant Estonian legislation. Typically, a viivisnõue can give rise to several remedies for the creditor. These may include the right to claim interest on the overdue amount, compensation for damages incurred due to the delay, or in some cases, the right to terminate the contract altogether.

The specific conditions under which a viivisnõue arises and the available remedies are governed by the Estonian Law of Obligations Act. This act outlines the principles of contractual liability, including the concept of default and its legal ramifications. For a viivisnõue to be successfully invoked, the creditor usually needs to demonstrate that a valid contract existed, that a specific performance was due by a certain date, and that the debtor failed to perform as agreed. The burden of proof often lies with the creditor to establish the existence of the debt and the debtor's failure to meet their obligations.