Õigusealuse

Õigusealuse is Estonian legal term describing the basis upon which a person has a right or makes a claim. The phrase combines õigus (law, right) and alus (base, foundation) and is used to denote the legal and factual grounds that give rise to a right or obligation.

In practice, the õigusialuse can derive from a norm of law (statutory provision, regulation), from a contract or other binding act, or from established facts that create a legal entitlement or duty. It is the source that explains why a claim or defense exists. The concept is used across civil and administrative law to identify which law or legal instrument governs a particular situation.

In civil procedure, parties are typically required to state their õigusialuse in pleadings, citing the applicable legal source and the facts that establish the basis for the claim. The court then evaluates whether the asserted right is grounded in the cited law and supported by proven facts. If the legal basis is absent or incorrect, the claim may be dismissed or narrowed.

Examples of common bases include a contract and its terms, property or ownership rights derived from property law, or liability arising from tort or other statutory duties. Constitutional or human rights claims may rely on the constitution or international law as the legal basis. The concept helps distinguish why a right exists from how it is enforced or remedied, and it guides the applicable law and jurisdiction in a case.