General Part of the Civil Code Act (2002)

This General Part of the Civil Code Act of Estonia was enacted on 27 March 2002. The Act provides for the general principles of civil law. The sources of civil law are law and custom. Custom arises from long-term usage of a type of conduct if the persons involved in commerce consider it legally binding. A custom shall not change the law.
The Act consists of eight Parts: Part 1 - General Provisions; Part 2 – Persons; Part 3 – Objects; Part 4 – Transactions; Part 5 - Liability for Another Person; Part 6 - Term and Due Date; Part 7 - Exercise of Civil Rights; and Part 8 - Implementation of Act.
PROPERTY AND REAL RIGHTS. The Act’s Part 3, among others, provides for immovables and movables (§ 50), parts of immovables (§ 54); parts of building (§ 55); accessories of immovables used in economic or professional activities (§ 59); and accessories of agricultural immovables (§ 60). An immovable is a delimited part of land (plot of land) (§ 50). The essential parts of an immovable are the things permanently attached to it, such as buildings, standing crop, other vegetation and unharvested fruit. Buildings which are constructed on the land of another on the basis of a real right and are permanently attached to the land, and things attached to the land for a temporary purpose are not parts of an immovable. Utility networks or utility works located on an immovable which have been constructed on the immovable on the basis of a real right and in respect of which the obligation to tolerate arising from law applies, are not parts of the immovable. A building remaining on a plot of land upon extinguishment of a real right becomes an essential part of the plot of land. The real rights relating to an immovable are essential parts of the immovable unless otherwise provided by law (§ 54). The accessories of an immovable used in economic or professional activities also include the machines, equipment, tools and other movables situated on it and necessary for regular economic or professional activities on the immovable (§ 59). The accessories of an immovable used for agricultural purposes also include the agricultural inventory, machines and animals used for its management, and the products of the plot of land which are necessary for the continuation of management until the next harvest (§ 60).
OBLIGATIONS AND CONTRACTS. The Act’s Part 4 provides for transactions. Specifically, it sets forth general provisions on transactions (chapter 3, § 67 - § 76), format of transaction (chapter 4, § 77 - § 83), invalidity of transaction (chapter 5, § 84 - § 101), conditional transaction (chapter 6, § 102 - § 110), consent to entry into transaction (chapter 7, § 111 - § 114), and representation (chapter 8, § 115 - § 131).
TRADE, PRODUCT LIABILITY AND CONSUMER PROTECTION. The Act also defines consumable things as movables which upon their intended use cease to exist or are transferred. Movables which belong to a body of things for which the intended use involves the transfer of individual things shall also be deemed consumable (§ 52).
ANIMALS. The Act provides that animals are subject to the provisions applicable to things unless otherwise provided by law (§ 49-3). The accessories of an immovable used for agricultural purposes also include the agricultural inventory, machines and animals used for its management, and the products of the plot of land which are necessary for the continuation of management until the next harvest (§ 60).