Law of Obligations Act (2001).

This Law of Obligations Act of Estonia was enacted on 26 September 2001.
OBLIGATIONS AND CONTRACTS. The General Part of this Act apply to all contracts specified in this Act or other Acts, including employment contracts and other multilateral transactions, contracts which are not regulated by law but are not in conflict with the content and spirit of the law, and obligations which do not arise from a contract. If a contract has the characteristics of two or more types of contract provided by law, the provisions of law concerning such types of contract apply simultaneously, except provisions which cannot apply simultaneously or the application of which would be contrary to the nature or purpose of the contract. The provisions of this Act concerning contracts apply to contracts entered into by more than two parties (multilateral contract) unless they are contrary to the nature or purpose of the contract. The law may prescribe that specific rules apply to contracts or other obligations in the case a consumer or a trader is a party to an obligation. For the purposes of this Act, a consumer is a natural person who concludes a transaction not related to independent economic or professional activities. For the purposes of this Act, a trader is a person, including a legal person in public law, who concludes a transaction which is related to independent economic or professional activities (§ 1).
TRADE, PRODUCT LIABILITY AND CONSUMER PROTECTION. The Act also concerns liability for defective product (Part 10, Division 3). Specifically, it provides that the producer shall be liable for causing the death of a person and for causing bodily injury to or damage to the health of a person if this is caused by a defective product (§ 1061-1). Any movable is deemed to be a product, even if the movable constitutes a part of another movable or if the movable has become a part of an immovable, and electricity and computer software are also deemed to be movables (§ 1063-1). A product is defective unless it is safe to an extent which corresponds to a person's legitimate expectations, bearing in mind all the circumstances, and above all: (1) the manner and conditions of presentation of the product to the public; (2) the method of use of the product which the victim can reasonably presume; and (3) the time of placing the product on the market (§ 1063-2).
AGRICULTURE. The Act, among others, provides that enterprises designated mainly for agricultural production, including non-agricultural enterprises connected with agricultural production, agricultural immovables or parts thereof, may be the objects of an agricultural lease contract. Upon the lease of an agricultural immovable, the lease contract is presumed to include the accessories and rights relating to the immovable. The provisions concerning agricultural lease contracts also apply to commercial lease contracts regarding immovables intended for forestry use if such immovables are part of the assets of the leased agricultural enterprise. The provisions concerning agricultural lease contracts do not apply to commercial lease contracts the object of which is a plot of land with an area of less than 2 hectares. Agreements which derogate from the provisions of this Chapter to the detriment of the commercial lessee of an agricultural immovable or enterprise are void (§ 340). The Act further provides that the commercial lessee of an agricultural immovable or enterprise shall, inter alia, ensure the ordinary maintenance of equipment necessary for the use and servicing of roads, tracks, ditches, dams, roofs, fences, water conduits and other objects of the commercial lease contract according to local custom (§ 345). It further provides for alterations and improvements made by commercial lessor of agricultural immovable or enterprise (§ 348); amendment of terms of agricultural lease contract (§ 350); right of security of commercial lessor of agricultural immovable or enterprise (§ 351); duration and expiry of commercial lease contract, including agricultural lease contract (§ 351 - § 360).
ANIMALS. The Act, among others, provides that the commercial lessee shall bear the costs of feeding and caring for leased animals. The commercial lessee shall be liable for any damage caused to a leased animal unless the lessee proves that the damage could not have been prevented by the commercial lessee, regardless of the regular feeding and care. The commercial lessee may demand reimbursement of expenses incurred in relation to the extraordinary care of an animal from the commercial lessor unless these expenses are caused by circumstances dependant on the commercial lessee (§ 347). The carrier shall not be liable for the loss of or damage to the goods or for exceeding a time limit when this arises from the special risks inherent in one or more of the following circumstances: among others, the carriage of livestock (§ 793). The keeper of an animal shall be liable for damage caused by the animal (§ 1060).
WATER. The Act provides that, in the case of sale of water, gas, electricity or heating through a network and in the case of digital content which cannot be delivered on a tangible medium, the period specified in subsection (1) of this section shall commence as of the day of entry into the contract (§ 49-1-3). The provisions of this Act concerning the sale of things apply to the sale of rights and other objects, including the sale of energy, water and heat through a network, unless otherwise provided for in this Act and if this is not contrary to the nature of the object (§ 208-3). Further, the commercial lessee of an agricultural immovable or enterprise shall, inter alia, ensure the ordinary maintenance of equipment necessary for the use and servicing of roads, tracks, ditches, dams, roofs, fences, water conduits and other objects of the commercial lease contract according to local custom (§ 345).
LAND. The Act also provides that the lessee of an immovable may demand that a notation regarding the lease contract be made in the land register. A notation entered in the land register ensures that the actual owner of an immovable or a person for whose benefit the immovable is encumbered with a limited real right shall permit the lessee to use the immovable pursuant to the lease contract and that a new owner does not have the right to cancel the lease contract pursuant to the provisions of § 323 of this Act (§ 324). The owner of the land under a structure or a person who owns another real right on the basis of which the structure is created, shall be liable for damage caused by the collapse of the structure and for damage caused by loosened and falling parts of the structure, icicles and so on, unless the owner proves that the damage is caused by force majeure or an act of the victim (§ 1059).
ENVIRONMENT. The Act provides that if damage is caused by environmentally hazardous activities, damage related to deterioration in environmental quality shall also be compensated for in addition to the damage caused to persons or the property thereof. Expenses relating to preventing an increase in the damage and to applying reasonable measures for mitigating the consequences of the damage, and the damage arising from the application of such measures shall also be compensated for. Damage and expenses specified in subsection (1) of this section shall be compensated for to the extent and pursuant to the procedure provided by law (§ 133). The owner of a structure shall be liable for damage caused as a result of particular danger arising from the structure due to the production, storage or transmission in the structure of energy, substances which are flammable, involve a radiation hazard or can cause combustion, or toxic, caustic or environmentally hazardous substances, and for damage caused as a result of particular danger arising from the structure for any other reason. The owner of a thing shall be liable for damage caused as a result of particular danger arising from the thing due to its flammable, radiation, combustible, toxic, caustic or environmentally hazardous characteristics, and for damage caused as a result of particular danger arising from the thing for any other reason (§ 1058).
ENERGY. The Act further provides that the provisions of this Act concerning the sale of things apply to the sale of rights and other objects, including the sale of energy, water and heat through a network, unless otherwise provided for in this Act and if this is not contrary to the nature of the object (§ 208-3). A contract to supply electric or thermal energy through a connection network entered into for a specified term is deemed to be extended for the same term and under the same conditions if at least one month before the expiry of the term of the contract neither party has notified the other of any desire to do otherwise. (§ 234).