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16

10
2012

Authorisation by way of acceptance of conduct

On 16, 10 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

In the course of performing economic or professional activities, from time to time it occurs that transactions are entered into and documents are signed by persons without the direct authorisation to enter into respective transactions granted by a principal. Read more…

11

09
2012

Against whom can the water undertakings and network operators file their claims?

On 11, 09 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

Estonian Supreme Court stated in its recent decision (no 3-2-1-83-12) that if a water undertaking or a network operator concludes a contract for providing water services or selling heat with the manager of the apartment association, the undertaker does not always have the right to demand payments directly from the apartment owners. Read more…

10

07
2012

Right of security of the lessor

On 10, 07 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

The lessor of an immovable has the right of security over the movables located on the leased immovable, provided that the movables are part of the furnishings or are used together with the leased room. The right of security secures the claims of the lessor arising from the lease agreement. Read more…

02

07
2012

Reducing of the state fees

On 02, 07 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

On 1 July 2012 several amendments to the Code of Civil Procedure and State Fees Act took effect. One of the main amendments is the reducing of the state fees. Read more…

27

05
2012

Client identification requirements now more flexible

On 27, 05 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

Until recently, credit institutions and other financial institutions had to, upon opening an account or upon the first use of another service, identify the person participating in the transaction or using the service while being present at the same place as the person or the person’s representative (face-to-face identification). Read more…

24

05
2012

First demand bank guarantee – how to challenge?

On 24, 05 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

In case of first demand bank guarantees, there are very limited possibilities for the guarantor to challenge the guarantee claim of the creditor. Namely, the law prescribes a general rule that the guarantor may only present such arguments against the guarantee claim that derive directly from the guarantee (e.g. that the guarantee term has passed and accordingly, the guarantee is no longer valid). Read more…

11

05
2012

Challenging the termination of the employment agreement – take notice!

On 11, 05 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

Parties to the employment agreement have to keep in mind that when receiving an unfounded termination notice, the party receiving the notice has to take actions in order to challenge the termination of the employment agreement. Namely, Estonian Employment Contracts Act states that the party who receives the termination notice and wants to challenge its validity, has to submit an application to the Labour Dispute Committee or bring an action to the court within 30 days as of receiving the termination notice. Read more…

23

04
2012

Non-contractual damage – which court to choose?

On 23, 04 2012 | No Comments | In Uncategorized | By Kadri Lensment

In the European Union, Regulation No 44/2001 is the legal act to rely on when determining the jurisdiction in civil and commercial matters. The general principle of the regulation is that a person should be sued in the court of the Member State where the person is domiciled. However, there are several important exceptions to the aforementioned general rule. Read more…

30

03
2012

Process of preparation of new codified planning and building laws

On 30, 03 2012 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction – ESTONIA

The process of preparation of new codified planning and building laws has reached the phase where public discussions (that will take place during 2012) have been initiated. Interest groups have been asked by the Ministry of Justice  to submit their initial views on the draft legislation by 9th of April. It is advisable for any entrepreneurs engaged in real estate or construction sector to get acquainted with the planned extensive amendments.

29

03
2012

Public Procurement seminar in cooperation with Äripäev

On 29, 03 2012 | No Comments | In Uncategorized | By Kadri Lensment

On 24.04.2012 Law Office Nordeus (predecessor of FORT) in cooperation with Äripäev will hold a seminar Public Procurements: myths that hinder the protection of rights. Read more…