võiduõiguse

Võiduõiguse, a legal concept originating in Estonian law, translates to "right of victory" or "acquisitive prescription" in common law systems. It refers to the acquisition of ownership of movable property through continuous, peaceful, and open possession for a specific period, typically three years. This legal principle acknowledges that prolonged, undisputed possession can, under certain circumstances, lead to the establishment of ownership rights, even if the initial acquisition was flawed or lacked formal documentation.

For võiduõiguse to be established, several conditions must be met. The possession must be continuous, meaning there should be no significant interruptions. It must also be peaceful, implying that the possessor did not obtain the property through force or coercion. Furthermore, the possession must be open and visible, suggesting that the owner of the property was aware or could have reasonably been aware of the possessor's claim. The purpose of võiduõiguse is to provide legal certainty and resolve potential disputes over property ownership that may arise from forgotten transactions or outdated records. It serves to stabilize property relations and prevent indefinite uncertainty regarding title.