Õiguslikosalev

Õiguslikosalev refers to the legal concept of estoppel in Estonian law. It is a principle that prevents a person from asserting a fact or a right that contradicts what they have previously stated or agreed to, especially when another party has relied on that previous statement or agreement to their detriment. Estoppel acts as a shield, preventing an unfair advantage from being gained through inconsistency in legal positions.

There are several forms of estoppel recognized within legal systems, and while the term "õiguslikosalev" is a general translation, its specific application can vary. Typically, it operates to ensure fairness and prevent fraud or injustice. For instance, if someone makes a promise or representation, and another party acts upon it in good faith, the first party may be legally prevented from going back on their word, even if there was no formal contract. This is to protect the party who reasonably relied on the initial statement or action.

The core idea behind õiguslikosalev is to maintain consistency and good faith in legal dealings. It is a tool used by courts to prevent individuals from benefiting from their own contradictory behavior. The application of this principle usually requires that a clear representation was made, that the other party relied on this representation, and that this reliance resulted in a disadvantage if the representation were to be disavowed. It is a fundamental principle contributing to the predictability and fairness of the legal system.