õiguskaitsevahendi

An õiguskaitsevahendi, a term originating from Estonian law, translates to a legal remedy or means of legal protection. It refers to the mechanisms available to an individual or entity to protect their rights or seek redress when those rights have been infringed upon. These remedies are designed to restore the injured party to the position they would have been in had the infringement not occurred, or to prevent further harm.

The spectrum of õiguskaitsevahendid is broad and can be broadly categorized. One major category includes judicial remedies, which are sought through the court system. This can involve actions for damages, where compensation is sought for losses incurred, or injunctive relief, which compels a party to do or refrain from doing a specific action. Other judicial remedies might include specific performance, where a party is ordered to fulfill a contractual obligation.

Beyond judicial avenues, administrative remedies also constitute an important part of õiguskaitsevahendid. These are typically pursued through government agencies or administrative bodies. For instance, if a business license is wrongly denied, an appeal to a higher administrative authority might be an appropriate õiguskaitsevahendi.

Furthermore, some legal systems recognize extrajudicial remedies, which can be resolved without resorting to courts or formal administrative processes. Examples include mediation, arbitration, or the exercise of certain rights like self-defense, though the latter is a more specific and limited form of protection. The specific type of õiguskaitsevahendi available and applicable depends heavily on the nature of the legal right infringed and the circumstances of the infringement, as defined by Estonian legislation.