õigusvastane

Õigusvastane is an Estonian word that translates to "unlawful" or "illegal" in English. It is a broad term used in Estonian law to describe any action or omission that contravenes a legal norm. This means that something is considered õigusvastane if it violates a law, regulation, or any other legally binding rule.

The concept of õigusvastane is central to Estonian civil and criminal law. In civil law, an unlawful act typically gives rise to an obligation to compensate for damages caused. This is often referred to as delictual liability. For instance, if someone intentionally damages another person's property, their act is õigusvastane and they may be required to pay for the repairs or replacement.

In criminal law, an õigusvastane act is an element of a criminal offense. For an act to be considered a crime, it must not only be prohibited by law but also be deemed unlawful. However, not all õigusvastane acts are criminal. Many unlawful actions fall under civil law or administrative law.

There are circumstances under which an act that would otherwise be considered õigusvastane may be deemed lawful. These are known as grounds for justification or excuses. Examples include self-defense, necessity, or consent of the victim, provided these are recognized by law. The determination of whether an act is õigusvastane is made by courts based on the specific facts of a case and the relevant legal provisions.