Private International Law Act
Passed 27.03.2002
RT I 2002, 35, 217
Entry into force 01.07.2002
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 22.04.2004 | RT I 2004, 37, 255 | 01.05.2004 |
| 18.11.2009 | RT I 2009, 59, 385 | 01.01.2010 |
| 16.02.2016 | RT I, 10.03.2016, 2 | 20.03.2016, in part 01.07.2016 |
| 07.06.2017 | RT I, 26.06.2017, 1 | 06.07.2017 |
| 26.10.2022 | RT I, 10.11.2022, 1 | 20.11.2022 |
| 20.06.2023 | RT I, 06.07.2023, 6 | 01.01.2024 |
Part 1 GENERAL PROVISIONS
§ 1. Scope of application of this Act
(1) This Act applies in situations where a legal relationship has a link to the law of more than one State.
(2) The provisions of this Act apply strictly insofar as has not been provided for otherwise by an international treaty or the following Regulations of the European Union:
1) Regulation (EC) No 864/2007 of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31.07.2007, p. 40–49);
2) Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I) (OJ L 177, 04.07.2008, p. 40–49);
3) Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 007, 10.01.2009, p. 1–79);
4) Regulation (EU) No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.07.2012, p. 107–134);
[RT I, 10.03.2016, 2 – entry into force 20.03.2016]
5) Council Regulation (EU) No 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (OJ L 343, 29.12.2010, p. 10–16).
[RT I, 10.03.2016, 2 – entry into force 01.07.2016]
§ 2. Application of foreign law
(1) Where a statute, an international treaty, a European Union Regulation mentioned in subsection 2 of § 1 of this Act or a transaction prescribes the application of foreign law, the court applies such law regardless of whether or not a motion has been filed to apply it.
(2) Where – under a statute, an international treaty, a European Union Regulation mentioned in subsection 2 of § 1 of this Act or a transaction – a person may choose the governing law, the person may exercise such a right until completion of the preliminary procedure or, in the written procedure, until expiry of the time limit for motions and applications.
(3) The law of a foreign State is applied following the interpretation and application practice of that law in that State.
[RT I, 10.03.2016, 2 – entry into force 20.03.2016]
§ 3. Multi-jurisdictional States
Where a provision of this Act refers to the law of a multi-jurisdictional State, the law of the jurisdiction prescribed by the law of that State is applied. In the absence of relevant provisions in the law of the State, the law of the jurisdiction that has the closest connection to the circumstances of the legal relationship is applied.
§ 4. Ascertaining the substance of foreign law
(1) The substance of the foreign law to be applied is ascertained by the court dealing with the case. To accomplish this, the court has a right to require the parties to assist it.
(2) The parties have a right to offer documents to the court to ascertain the substance of foreign law. The court is not required to follow the documents offered by the parties.
(3) The court has a right to request the assistance of the Ministry of Justice or of the Ministry of Foreign Affairs of the Republic of Estonia and to use experts.
(4) If the substance of foreign law cannot be ascertained within a reasonable period of time despite all efforts, Estonian law is applied.
§ 5. Authority of administrative bodies and notaries when applying foreign law
[RT I, 10.03.2016, 2 – entry into force 20.03.2016]
The provisions of this Act that apply to courts also apply to administrative bodies and notaries.
[RT I, 10.03.2016, 2 – entry into force 20.03.2016]
§ 6. Renvoi
(1) Where this Act prescribes the application of foreign law (forward renvoi), the rules of private international law of the corresponding State apply. Where those rules prescribe the application of Estonian law (reverse renvoi), the rules of Estonian substantive law apply.
(2) Where foreign law prescribes the application of the law of a third State, the forward renvoi is disregarded.
(3) Where the provisions of § 231, of §§ 55–60 in so far as these concern registered partnerships or of Subchapter 1 of Chapter 1 of Part 6 of this Act prescribe the application of foreign law, the rules of substantive law of the corresponding State are applied.
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
§ 7. Public policy
Foreign law is not applied if the result of its application would be manifestly contrary to essential principles of Estonian law (public policy). In such a situation, Estonian law is applied.
§ 8. Transactions: requirements of form
A transaction is formally valid if it complies with the requirements of form established by the law governing the transaction or the law of the State where the transaction was carried out.
§ 9. Representation
(1) The preconditions required for a transaction that was carried out by a representative to create rights or obligations for the principal vis-ą-vis a third party are governed by the law of the State in which the representative acted.
(2) The law mentioned in subsection 1 of this section also governs the relationship between a third party and a representative who lacks the authority to represent the principal.
(3) An authorisation to represent the principal for the purpose of disposing of a right in immovable property must conform to the requirements of form as provided by the law of the State of in which the property is situated.
Part 2 NATURAL PERSONS
§ 10. Natural persons: residence
Estonian law is applied when determining where a natural person has their residence.
§ 11. Natural persons: citizenship
(1) The citizenship of a natural person is determined following the law of the State whose citizenship is to be decided on.
(2) Where a natural person holds the citizenship of several States, the citizenship that is applied is that of the State with which the person has the closest connection – unless otherwise provided for by this Act.
(3) Where this Act is to be applied to a stateless person, a person whose citizenship cannot be ascertained or to a refugee, the person’s residence – instead of their citizenship – is taken as the point of reference.
§ 12. Natural persons: passive and active legal capacity
(1) The law of the natural person’s State of residence is applied regarding the person’s passive and active legal capacity.
(2) A change of residence does not limit active legal capacity once such capacity has been acquired.
(3) Where a person carried out a transaction although under the law of the State of their residence the person did not possess active legal capacity or possessed limited active legal capacity, such a person may not rely on not possessing active legal capacity if the person would have possessed such capacity under the law of the State where they carried out the transaction. This does not apply if the other party knew or should have known that the person did not possess active legal capacity.
(4) The provisions of subsection 3 of this section do not apply to transactions within the scope of family law or the law of succession, or to transactions concerning immovable property situated in other States.
§ 13. Declaring a person legally dead
(1) The prerequisites and consequences of declaring a person legally dead are governed by the law of the last known State of residence of the missing person.
(2) If the law mentioned in subsection 1 of this section is foreign law, the missing person may be declared legally dead also in accordance with Estonian law, provided the interested party has a legitimate interest for obtaining the declaration.
Part 3 LEGAL PERSONS
§ 14. Law governing legal persons
(1) The law to be applied to a legal person is the law of the State under which the person was founded.
(2) Where actual management of the legal person or the person’s main activity takes place in Estonia, Estonian law is applied to the person.
§ 15. Scope of governing law
The law that is applied to the legal person is used, above all, to determine the following:
1) the person’s legal nature;
2) the person’s creation and termination;
3) the person’s passive legal capacity;
4) the person’s name or business name;
5) the person’s bodies;
6) the person’s internal relations;
7) liability for the person’s debts;
8) the person’s statutory representation;
9) the legal nature of a holding or other similar right in the person and the principles of creating and exercising the holding or right.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]
§ 16. Limitation of authority of representation
A legal person may not rely on a limitation of the authority that its bodies have to represent it – or of its passive legal capacity – which is not recognised in the law of the residence or place of business of the other party to the transaction. This does not apply if the party knew of the limitation.
§ 17. Other associations of persons and other pools of assets
(1) The provisions of this Part also apply to other organised associations of persons and other pools of assets.
(2) The provisions of this Act governing contracts are applied to contractual associations that do not possess an organisational structure.
Part 4 PROPERTY OBJECTS
§ 18. Law governing property rights
(1) The creation and extinguishment of a property right is determined following the law of the State in which the property was situated at the time the right was created or extinguished.
(2) A property right may not be exercised contrary to essential principles of the law of the State in which the property is situated.
(3) Where the item of movable property arrives in Estonia and the creation or extinguishment of the property right has not been completed abroad, the events which occurred abroad are deemed to have occurred in Estonia.
(4) Claims in nuisance are governed by § 50 of this Act.
§ 19. Legal succession: application of the law of the State where the property is situated
Where a property right is created or extinguished as a result of universal succession, in particular under family law or the law of succession, the law that is applied to the succession as a whole also applies to the right – unless and insofar as the law of the State where the property is located prescribes the application of the law of the State where the property is located also in situations of universal succession.
§ 20. Goods in transit
(1) Creation and extinguishment, by way of transaction, of property rights in goods in transit is governed by the law of the State of destination of the goods.
(2) The parties may also agree on the application of the law of the State of origin of the goods or of the law governing the transaction.
(3) Agreements concerning applicable law do not affect the rights of third parties concerning the goods.
§ 21. Document concerning the goods
(1) A document concerning the goods is governed by the law provided for by the document. Where the document does not specify the applicable law, the law that is applied is that of the State where the place of business of the issuer of the document is situated. A document that has been issued concerning goods in transit is governed by the law of the State of destination of the goods.
(2) The law that is applied to the document concerning the goods determines whether, for the purposes of acquisition of the goods, delivery of the document holds a significance that is equivalent to delivery of the goods. Where, for those purposes, delivery of the document holds an equivalent significance to delivery of the goods, the law governing the document is also applied to the goods.
(3) Where a person relies on the validity of a property right under the law governing the document concerning the goods and another person does so under the law which would be applicable if the document had not been issued, the law to be applied is that which would be applicable if the document had not been issued.
§ 22. Means of transport
(1) Aircraft, watercraft and rail vehicles are governed by the law of their State of origin. The State of origin is:
1) in the case of aircraft, the State of nationality;
2) in the case of watercraft, the State of the place of registration or, where the craft does not have a place of registration, the State of its home port;
3) in the case of rail vehicles, the State which has issued the authorisation to use the vehicle.
(2) Statutory security interests and rights of retention which secure claims for compensation for harm caused by a means of transport or claims for compensation for expenses incurred for such means are governed by the law applicable to the secured claim. Where security interests have been created under the laws of different States, the interest that was created earlier has priority.
§ 23. Intellectual property
Intellectual property and its creation, substance, extinguishment and protection are governed by the law of the State for whose territory protection of the property is applied for.
§ 231. Registered security instrument
(1) Shares, debt obligations and other rights expressed in the form of an entry in a register (registered security instruments) are governed by the law of the State where the register is kept.
(2) Where a person (the intermediary) holds a registered security instrument for and on the account of another person in a register other than the one mentioned in subsection 1 of this section – or in an account – (hereinafter, ‘intermediated security instrument’), the right expressed in the register or in the account is governed by the law of the State where the register or account concerning the intermediated security instrument is kept.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]
(3) The law applicable to the security instrument serves to determine, above all, the following:
1) the legal nature of the right held by the holder of the instrument;
2) the substance, creation and termination of the rights held by the holder concerning the instrument;
3) the consequences, for the rights arising from the instrument, of disposing of the instrument;
4) the requirements for exercising the rights arising from the instrument;
5) the use of the security as collateral, including the creation and exercise of the right of sale;
6) the rankings of any rights encumbering the security;
7) the rights and duties of the intermediary with regard to the intermediated instrument.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]
(4) The nature of a convertible bond or other similar right which is related to a holding in a legal person, and the principles of the creation and exercise of the right are governed by the provisions of § 14 of this Act.
[RT I, 26.06.2017, 1 – entry into force 06.07.2017]
Part 5 LAW OF SUCCESSION
§ 24. Law governing succession
Succession is governed by the law of the decedent’s last State of residence.
§ 25. Choice of law
A person may, in their will or by inheritance contract, make provision for the application, to their estate, of the law of the State of their citizenship. The provision becomes ineffective if, by the time of their death, the person has lost their citizenship of that State.
§ 26. Scope of governing law
The law governing the succession determines, above all, the following:
1) the types and effect of testamentary dispositions;
2) capacity to inherit and unworthiness to inherit;
3) the scope of the estate;
4) the heirs or beneficiaries and the relationships between them;
5) liability for the decedent’s debts.
§ 27. Law governing the form of wills
(1) The Hague Convention of 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions (RT II 1998, 16/17, 28) is applied to the form of wills.
(2) The Convention mentioned in subsection 1 of this section is also applied to the form of inheritance contracts.
§ 28. Testamentary capacity
(1) A person may make, amend or revoke their will if the person possesses the corresponding capacity according to the law of the State of their residence at the time of making, amending or revoking the will. Where, under the law of that State, the person did not possess testamentary capacity, they may make, amend or revoke their will if they are allowed to do so according to the law of the State whose citizenship they hold at the time of making, amending or revoking the will.
(2) A change of the person’s residence or citizenship does not limit the person’s testamentary capacity once such capacity has been acquired.
(3) The provisions of this section apply, accordingly, to the person’s capacity to conclude, amend or terminate an inheritance contract.
§ 29. Inheritance contracts and reciprocal wills
(1) Inheritance contracts are governed by the law of the State in which the prospective decedent had their residence at the time they concluded the contract or, in a situation mentioned in § 25 of this Act, the law of the State of the prospective decedent’s citizenship. The governing law determines the contract’s permissibility, validity, substance, binding force and – for the purposes of the law of succession – its consequences.
(2) A reciprocal will must, at the time it is made, comply with the law of the State of residence of both testators or with the law – jointly chosen by the testators – of the State of residence of one of the spouses.
Part 6 LAW OF OBLIGATIONS
Chapter 1 GENERAL PROVISIONS OF THE LAW OF OBLIGATIONS; CONTRACTS
Subchapter 1 General Provisions and Contracts
§ 30. Scope of application
The provisions of this Subchapter do not apply to memorandums of association of legal persons or to the statutory personal liability, for the legal person’s obligations, of the person’s bodies, shareholders or members.
§ 31. Provisions of general application in Estonian law
The provisions of this Chapter do not affect the application of those provisions of Estonian law which must be applied irrespective of which law the contract is governed by.
§ 32. Choice of governing law
(1) Contracts are governed by the law of the State that has been agreed upon by the parties.
(2) The parties may choose a governing law for the entire contract or for a part of the contract if the contract can be divided accordingly.
(3) The fact that the parties have chosen foreign law as the law to govern the contract – whether or not they have chosen a foreign jurisdiction – does not, where all elements relevant to the contract at the time of the choice of law are connected with a single State, affect the application of those rules of the law of that State which cannot be derogated from by contract (mandatory rules).
(4) Changing the governing law after conclusion of the contract does not affect the formal validity of the contract under § 37 of this Act, or the rights of third parties.
(5) The material and formal validity of agreements concerning the choice of law is governed by the provisions of §§ 36 and 37 of this Act.
§ 33. Law to be applied if the governing law has not been chosen
(1) If the law to govern the contract has not been chosen according to § 32 of this Act, the contract is governed by the law of the State with which the contract has the closest connection. Where a contract can be divided into several parts and a part of the contract has an independent, closer connection with another State, the law of that State may be applied to the part.
(2) A contract is presumed to have the closest connection with the State where – at the time of conclusion of the contract – the party who must perform the obligation characteristic of the contract has their residence or where the party’s managing body has its seat. Where the contract has been concluded as part of the economic or professional activity of the party who is to perform the characteristic obligation, the contract is presumed to have the closest connection with the State where the party’s principal place of business is situated. Where, under the terms of the contract, the characteristic obligation is to be performed in a place of business other than the principal one, the contract is presumed to have the closest connection with the State where the other place is situated.
(3) Where the obligation characteristic of the contract cannot be determined, subsection 2 of this section is not applied.
(4) Where the subject matter of the contract is a right in immovable property or a right to use such property, the contract is presumed to have the closest connection with the State where the property is situated.
(5) In the case of a contract of carriage, the contract is presumed to have the closest connection with the State where, at the time of conclusion of the contract, the carrier has its principal place of business provided that the point of departure or destination or – for a contract for the carriage of goods, the consignor’s principal place of business or the place of loading or unloading – is situated in that State. The provisions concerning contracts for the carriage of goods are applied to all contracts that have such carriage as their main purpose.
(6) Subsections 2–5 of this section are not applied where, in their entirety, the circumstances of the case show that the contract has a closer connection with another State.
§ 34. Consumer contracts
(1) In the case of consumer contracts, the choice of law must not have the result of depriving the consumer of the protection afforded to them by mandatory provisions of their State of residence if:
1) in the State of the consumer’s residence, conclusion of the contract was preceded by a specific offer or advertisement addressed to the consumer, and the consumer has, in that State, performed the operations required for concluding the contract;
2) the consumer’s contracting partner or a representative of that partner has taken the consumer’s order in the State of the consumer’s residence;
3) the contract is for the sale of goods and the consumer has travelled from their State of residence to another State and has given their order in that State, provided that the consumer’s journey was arranged by the seller for the purpose of inducing the consumer to conclude the contract.
(2) Where the governing law has not been chosen under § 32 of this Act, the law of the State of the consumer’s residence is applied to consumer contracts concluded under the circumstances set out in subsection 1 of this section.
(3) Subsections 1 and 2 of this section are not applied to contracts of carriage and contracts for the supply of services, provided the services are supplied to the consumer exclusively outside their State of residence. Subsections 1 and 2 of this section are applied to contracts for package travel.
(4) The law of the State of the consumer’s residence is applied to the form of a consumer contract concluded under the circumstances mentioned in subsection 1 of this section.
§ 35. Employment contracts
(1) In the case of an employment contract, the choice of law must not have the result of depriving the employee of the protection that they have been afforded by mandatory provisions of the law of the State which would be applicable under subsection 2 of this section in a situation where no choice of law has been made.
(2) Where no choice of law has been made, the employment contract is governed by the law of the State where:
1) the employee habitually carries out their work to perform the contract, even if they are temporarily working in another State;
2) the place of business through which the employee was hired is situated, if the employee does not habitually work in any one State.
(3) The provisions of subsection 2 of this section are not applied if, in their entirety, the circumstances show that the employment contract has a closer connection with another State. In such a situation, the law of the other State is applied.
§ 36. Substantive validity of contracts
(1) The validity of the contract or of any of its provisions is determined following the law of the State that would be applicable if the contract or the provision were valid.
(2) Where, having regard to the circumstances, it would not be fair to apply the law mentioned in subsection 1 of this section to the consequences of the conduct of one of the parties, that party may, relying on the law of the State of their residence, argue that they have not concluded the contract.
§ 37. Formal validity of contracts
(1) Where persons located in different States conclude a contract, the contract is formally valid if it complies with the requirements of form established by the law of one of the States concerned or with such requirements as established by the law applicable to the contract.
(2) Where the contract is concluded through a representative, the State where the representative is located is the State that determines the application of subsection 1 of this section.
(3) A contract whose subject matter is a right in immovable property or a right to use such property is formally valid if it complies with the requirements of form established by the law of the State where the property is situated.
§ 38. Assignment of claims
(1) Where a claim is assigned, the law to be applied to the relationship between the assignor and assignee is the law of the State that governs the contract between them.
(2) The law applicable to the claim to be assigned determines its assignability, the relationship between the assignee and the debtor, the prerequisites that serve as grounds on which the assignee may require the debtor to perform the obligation, as well as when the debtor is deemed to have performed the obligation.
(3) This section is also applied to the granting of security interests in claims.
§ 39. Statutory subrogation
(1) Where a third party must satisfy a creditor’s claim, the law applicable to the third party’s obligation determines whether the party has a right to exercise, against the debtor, the rights which the creditor had against the debtor under the law applicable to their relationship.
(2) Subsection 1 of this section is applied also where several persons must satisfy the same claim and one of them has done so.
Subchapter 2 Insurance Contracts
§ 40. Scope of application
The provisions of this Subchapter apply to insurance contracts which insure risks located in the territory of Estonia or in a member State of the European Union. The provisions of this Subchapter do not apply to reinsurance contracts.
§ 41. Location of insured risk
(1) In the event of a non-life insurance contract, the State where the insured risk is located is:
1) – where the insurance covers risks associated with immovable property, primarily with construction works or civil engineering works, as well as risks associated with any furnishings covered by the same contract – the State where the property is situated;
2) – where the insurance covers risks associated with vehicles that are to be registered in Estonia or in a member State of the European Union – the State in which the vehicle must be registered;
3) – where the insurance covers travel or holiday risks under an insurance contract for up to four months – the State where the policyholder performed the operations required to conclude the contract.
(2) For life insurance contracts, as well as for non-life insurance contracts not mentioned in subsection 1 of this section, the State where the insured risk is located is:
1) the State in which the individual policyholder has their residence;
2) if the policyholder is not an individual, the State in which it has its place of business which is connected to the contract.
§ 42. Free choice of governing law
The law chosen by the parties is applied to the contract where:
1) the risk insured against and the policyholder’s residence or the seat of the policyholder’s managing body are located in the same member State of the European Union, which allows the governing law to be chosen freely;
2) the insurance contract is concluded with an insurance company which does not – either at first hand or through intermediaries – conduct insurance business in the State mentioned in § 40 of this Act;
3) in the case of non-life insurance, the contract is an insurance contract mentioned in subsections 2–4 of § 427 of the Law of Obligations Act (RT I 2001, 81, 487);
4) in the case of non-life insurance, the insurance covers risks which are associated with the policyholder’s economic or professional activities and are located in several States mentioned § 40 of this Act and one of the insured risks is located in a member State of the European Union which allows the governing law to be chosen freely.
§ 43. Non-life insurance: restrictions on the choice of governing law
(1) Where a non-life insurance contract does not meet the requirements mentioned in § 42 of this Act, the parties may still choose the following as the law governing the contract:
1) the law of the State which is mentioned in § 40 of this Act and in which the insured risk is located:
2) the law of the State in which the policyholder’s residence or managing body is situated.
(2) Where the States mentioned in subsection 1 of this section allow a different governing law to be chosen, the parties may use that option.
(3) Where an insurance contract extends to insured events which may occur in the State in which the insured risk is located as well as in another State mentioned in § 40 of this Act, the parties may choose the law of the latter State.
§ 44. Life insurance: restrictions on the choice of governing law
(1) Where a life insurance contract does not meet the requirements mentioned in clause 1 of § 42 of this Act, the parties may still choose – as the governing law – the law of a State which is allowed by the law of the State where the insured risk is located.
(2) Where the individual policyholder’s residence is not in the State of their citizenship, which is a State mentioned in § 40 of this Act, the parties may choose the governing law to be that of the State of the individual’s citizenship.
§ 45. Law to be applied if the governing law has not been chosen
(1) If the parties have not agreed on the law to govern the contract and the policyholder’s residence or managing body and the insured risk are located in the territory of the same State, the law of that State is applied.
(2) If the parties have not agreed on the law to govern the contract and the circumstances do not meet the requirements provided by subsection 1 of this section, the law to be applied to the contract is the law of the State which may be chosen under §§ 42 and 43 of this Act and with which the contract has a closer connection. It is presumed that the contract has a closer connection with the State which is mentioned in § 40 of this Act and in which the insured risk is located. In a contract, an independent part which has a closer connection with another State whose law may be chosen under §§ 42 and 43 of this Act may be governed by the law of that State.
(3) A life insurance contract is governed by the law of the State where the insured risk is located at the time of the contract’s conclusion. Where the insured risk is located in several different States, the third sentence of subsection 2 of this section is applied accordingly.
§ 46. Obligatory insurance
(1) A contract of obligatory insurance is governed by the law of the State which prescribes the obligation to conclude the contract.
(2) Where the insurance contract covers insured risks that are located in several States mentioned in § 40 of this Act and at least one of those States prescribes obligatory insurance, the contract is deemed to consist of several contracts each of which is connected to a single State.
(3) An insurance contract meets the requirements for obligatory insurance if it complies with the provisions that apply to such insurance in the State which prescribes the insurance.
(4) Where, under the law of the State that prescribes obligatory insurance, the insurer must notify the competent authority of the expiry of insurance cover, the insurer can rely on the absence of insurance cover with regard to third parties strictly under the law of that State.
§ 47. Application of general provisions
In any other respects, insurance contracts are subject to the general provisions of the governing law of contracts.
Chapter 2 NON-CONTRACTUAL OBLIGATIONS
§ 48. Scope of application
[Repealed – RT I, 10.03.2016, 2 – entry into force 20.03.2016]
§ 481. Unjust enrichment
[RT I 2009, 59, 385 – entry into force 01.01.2010]
(1) Claims founded on unjust enrichment that arose from the performance of an obligation are governed by the law of the State which governs the actual or presumed legal relationship under which the obligation was performed.
(2) Claims founded on unjust enrichment that arose from violation of another person’s rights are governed by the law of the State in which the violation occurred.
(3) In other situations, claims arising from unjust enrichment are governed by the law of the State in which the enrichment occurred.
§ 49. Benevolent intervention (negotiorum gestio)
(1) A claim arising from benevolent intervention is governed by the law of the State where the intervener performed the act.
(2) A claim arising from performance of another person’s obligation is governed by the law that applies to the obligation.
§ 50. Unlawful causing of harm
(1) Claims arising from the unlawful causing of harm are governed by the law of the State where the act or event based on which the harm arose was performed or occurred.
(2) If the consequences do not become evident in the State where the act or event which formed the basis that gave rise to the harm was performed or occurred, the law of the State where the consequences of the act or event became evident are applied at the request of the injured party.
§ 51. Right to file the claim directly against the insurer
The injured party may file their claim directly against the insurer of the person required to compensate for the harm – if the law governing such compensation or the insurance contract allows this.
§ 52. Restrictions on application of foreign law
Where a claim arising from the unlawful causing of harm is governed by foreign law, the compensation ordered in Estonia cannot be materially higher than what is prescribed in relation to such harm by Estonian law.
§ 53. Closer connection
(1) Where there is a closer connection between a non-contractual obligation and the law of a State than there is between the obligation and the law of the State which would be applicable to that obligation under the provisions of this Chapter, the law of the former State is applied.
(2) A closer connection may, primarily, stem from:
1) a legal relationship or factual connection between the parties;
2) in situations mentioned in subsections 2 or 3 of § 481, in § 49 and § 50 of this Act, from the fact that at the time of occurrence of the event – or performance of the act – that has legal significance, the residence of the parties is in the same State. In the case of a legal person, instead of the residence, the seat of the person’s management board or of the body that replaces the management board – or the place of business connected with the act or event – is taken as the point of reference.
[RT I, 10.03.2016, 2 – entry into force 20.03.2016]
§ 54. Choice of governing law
The parties may agree on the application of Estonian law after the occurrence of the event or performance of the act that was the cause of the non-contractual obligation. The choice of law does not affect the rights of third parties.
Part 7 FAMILY LAW
Chapter 1 MARRIAGE AND REGISTERED PARTNERSHIP
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§ 55. Law governing rules for contracting marriage and marriages contracted or partnerships registered in a foreign State
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(1) When marriage is contracted in Estonia, Estonian law is applied to the rules governing the contracting of the marriage.
(2) A marriage contracted in a foreign State is deemed valid in Estonia if it is contracted following the rules for the contracting of marriage provided by the law of the State where the marriage was contracted and, in terms of the substantive prerequisites for marriage, are in conformity with the laws of the States of residence of both spouses.
(3) A partnership registered in a foreign State is deemed valid in Estonia if registration was effected according to the rules for registration of partnerships of the State of registration and, in terms of the substantive prerequisites, was in conformity with the law of the State in which the partnership was registered.
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§ 56. Law governing prerequisites for contracting a marriage and for registering a partnership
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(1) The prerequisites for and hindrances to the contracting of marriage and the consequences arising from marriage are governed by the law of the State of residence of the party contracting the marriage.
(2) Where, for an Estonian citizen, a prerequisite for the contracting of marriage as provided for by the law of the State of their residence is not present, Estonian law is applied if under that law the prerequisites for contracting the marriage would be present.
(3) Previous marriage of a party contracting the marriage does not preclude the contracting of a new marriage if the previous marriage has been terminated under a decision made or recognised in Estonia, even if the decision does not conform with the law of the State of the party’s residence.
(4) The prerequisites for the registration of, and hindrances to entry into, partnership as well as the consequences arising from partnership are governed by the law of the State in which the partnership was registered.
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§ 57. General legal consequences of marriage and of registered partnership
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(1) The general legal consequences of marriage are determined by the law of the State where the the spouses have their joint residence.
(2) If the spouses reside in different States but have the same citizenship, the general legal consequences of their marriage are determined by the law of the State whose citizenship the spouses hold.
(3) If the spouses reside in different States and have different citizenship, the general legal consequences of their marriage are determined under the law of the State in which they last held a joint residence, provided one of the spouses still has their residence in that State.
(4) If the law governing the general legal consequences of marriage cannot be determined following subsections 1–3 of this section, the law to be applied is the law of the State with which the spouses have what is otherwise the closest connection.
(5) General legal consequences of registered partnership, with the exception of the registered partner’s right of access and the right to adopt – under conditions provided by § 15 of the Registered Partnership Act, are determined by the law of the State in which the partnership is registered.
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(6) Where particulars concerning a registered partnership are recorded in the registers of several States, general legal consequences of the partnership are subject to the law of the State that effected the last registration. The law of the State mentioned in the previous sentence is applied going forward from the time the particulars were registered.
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§ 58. Law governing pecuniary rights of spouses and registered partners
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(1) The spouses’ pecuniary rights are governed by the law that they have chosen. Regardless of the provisions of subsection 2 of § 11 of this Act, the spouses may choose, as the governing law, the law of the State of residence or of citizenship of one of the spouses.
(2) The choice of governing law must be notarially authenticated. Where the governing law is not chosen in Estonia, compliance with the requirements of form prescribed by the chosen law for marital property contracts suffices for the choice to be formally valid.
(3) If the spouses have not chosen governing law, their pecuniary rights are governed by the law applicable to the general legal consequences of the marriage (§ 57 of this Act) at the time of contraction of the marriage.
(4) Pecuniary rights of registered partners are governed by the law that they have chosen. Registered partners may, observing the form prescribed by subsection 2 of this section, choose as the law governing those rights – provided that law recognises pecuniary rights that flow from registered partnership – the law of the State of residence of one of the partners, the law of the State of citizenship of one of the partners notwithstanding the provision of subsection 2 of § 11 of this Act, or the law of the State in which the partnership was registered.
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(5) Where registered partners have not chosen governing law, the partners’ pecuniary rights are governed by the law that, under § 57 of this Act, governs the general legal consequences of their partnership.
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§ 59. Protection of third parties
(1) If the residence of at least one of the spouses is in Estonia or at least one of the spouses engages in economic or professional activity in Estonia, the spouses can – in respect of third parties – rely on pecuniary rights that differ from those prescribed by Estonian law only if the third party was or should have been aware of such rights at the time the legal relationship arose.
(2) The provisions concerning marriage in subsection 1 of this section also apply to registered partnerships.
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§ 60. Law governing divorce and nullity of marriage and termination and nullity of registered partnership
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(1) Divorce is governed by the law mentioned in § 57 of this Act as applicable at the time of commencement of divorce proceedings.
(2) Where divorce is not allowed under the law mentioned in § 57 of this Act or is allowed only under very strict conditions, Estonian law is applied in its stead if one of the spouses resides in Estonia or holds Estonian citizenship or resided in Estonia or held Estonian citizenship at the time of contracting the marriage.
(3) Nullity of marriage is governed by the law mentioned in § 56 of this Act.
(4) The provisions concerning marriage in subsections 1–3 of this section also apply to registered partnerships.
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§ 61. Law governing maintenance obligations
The Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations (OJ L 331, 16.12.2009, pp. 17–23) is applied to maintenance obligations arising from family relationships.
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Chapter 2 RELATIONSHIPS BETWEEN PARENT AND CHILD
§ 62. Filiation
(1) The establishing and contesting of filiation is governed by the law of the State of the child’s residence at their time of birth.
(2) Filiation from a parent may be established and contested also in accordance with the law of the parent’s State of residence. A parent may recognise a child in accordance with the law of the State of the parent’s residence.
(3) A child may contest their filiation also pursuant to the law of the State in which the child resides at the time of contestation.
§ 63. Adoption
(1) Adoption is governed by the law of the State of residence of the adoptive parent. Adoption by spouses is governed by the law that governs the general legal consequences of marriage at the time of adoption.
(2) Where, under the law of the State of residence of the child, adoption requires the consent of the child or of another person who has a family law relationship with the child, such consent is governed by the law of the State of the child’s residence.
(3) In addition to the requirements provided by subsections 1 and 2 of this section, all the other requirements for adoption arising from Estonian law must be complied with in order to adopt a child whose residence is in Estonia.
§ 64. Adoption in a foreign State
Where foreign law is applied to the adoption or where the child has been adopted under a judgment of a foreign court, the adoption has the same effect in Estonia as it does according to the law under which the child was adopted.
§ 65. Relationships between child and parent
Family law relationships between a parent and a child are governed by the law of the State of the child’s residence.
§ 66. Legal guardianship of persons or of property
Legal guardianship of a person or of property is governed by the law of the State where it was established.
Part 8 IMPLEMENTATION OF THIS ACT
§ 67. Entry into force of this Act
This Act enters into force at the time provided by the law by which it is implemented.
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