Law of the Republic of Estonia on Ownership

Law of the Republic of Estonia on Ownership Conversion of the Republic of Republic ofEstonia ownership the Republic of Estonia, a Estonia economy to the 3 RelatIons involving property owner may be prmciples of amarket economy Atricle 2.Ownersand intellectual property ownership obligated toallowother presupposes legal regulation of Forms of Ownership are regulated by lawof the persons the possibility for new social relations Prior to 1. Acitizen (physical person), a Republic ofEstonia limited use ofhisproperty. adoption of thenew"Civil Code legal person, a local 5.Exercise of the rightof of the Republic of Estonia", selfadministering body or the Atricle 6.Originationof the ownership must notviolate the property relations are state may beaproperty owner Rightof Ownership rights and the interests of regulated bythis law The legal in theRepublic ofEstonia in 1. The right ofownership other persons protected by rules it contains are thebasis according with the forms of originates through the law. for drafting a newcivil code ownership indicated inSection manufacture oracquisition of and other normative acts 2of this article. property as the result ofa Article 8.Supporting pertaining toproperty 2.Property in the Republic of business deal, restoration of Exercise of the Rightof relations. Estonia appears in the form of the right of ownership orsome Ownership In the transitional period the the personal property ofa legal other means notconflicting 1.All forms ofproperty Law of the Republic of Estonia person, municipal property, and withthe lawof the Republic of ownership in the Republic of on Ownership IS the legal basis state property. Other forms of Estonia. Estonia areequal before the for developing property ownership may also 2. Fruits, products and income law. entrepreneurship, for beforeseen bylawof the obtained from utilization of 2.The Republic of Estonia privatising property and for Republic ofEstonia property belong to the property ensures the inviolability of returning illegally alienated owner If laworacuuract does property and the p:;slbility for property orcompensating for it Atriele 3. Common Property not foresee otherwise exercise of the rigilt of to former owners or their Irrespective of the form of 3 Fruits, products and income ownership byevery property descendants. Privatisation. ownership, property r:tay exist obtained ormanutactured bya owner. denationalization and return of in the form ofcommon property leaseholder utilizing leased 3.Exercise of the fightof property orcompensatiun forit belonging simultaneously to property and properrv acquired ownership may belimited only toformer owners are regulated several owners. withthe income obtained are incases and inacrcrdance by individual laws and ether the property of the?"seholder, with the procedur (": normative acts drafted in Atriele 4. Content of t: ie if legislation oracontroct does established ovlawof the accordance with thislaw Rightof Ownership not foresee otherwise Republic ofEstonia. 1. A property owner has the right topossess, use an ! Atricle 7.Exercise n1the Atricle 9. Prntectlc.i of the I. General Provisiol1S dispose ofproperty Rightof Ownership Rightof Ownership 2. Possession ofproper! 1. Aproperty owner pc ssesses. 1. The righttopossess. use Article 1. Objectivesof the entails exercising power over uses and disposes ofproperty and dispose ofproperty law ofthe Republic of the property, use of property belonging tohim belonging to an owner is Estonia on Ownership entails utilization of the useful independently, and heis protected bythemeans 1. The Law of theRepublic of attributes of the property, and entitled toperform any actions established bythis lawand by Estonia on Ownership disposal ofproperty entails With this property that are not other normative acts of the regulates property relations in determining the fate of the contrary to law. Republic ofEstonia. the Estonian Republic by property 2 Aproperty owner may 2. The Republic of Estonia defining owners, the forms of alienate hiS property as well as ensures equal rights of ownership, thegrounds for Atricle 5.The Objectof the transfer it to the possession, protection of the right of origination of therightof Rightof Ownership use and disposal of other ownership toall property ownership, the content and 1 Property belonging to an persons Without alienation. owners. objects of the nghts of owner on the basis of the right 3. Other persons exerice rights 3. The rights ofpersons ownership, and the principles ofownership is the object of belonging to the property indicated inSection 3,Article 7 ofexercising and protecting the rightofownership owner within limits foreseen of this laware protected on an the rights of ownership. 2, Property, ownership of by laworestablished bythe equal basis with the right of 2 This law is thebasis for the which ISnotprohibited ornot property owner ownership, including inrelation other nonnative acts regulating restricted bylaw, may be the 4 In cases and according to to the property owner himself. property relations in the object of the right of procedures foreseen by lawof if law of the Republic of 44 j Estonia, the founding 1/. Forms of Ownership 1. A legal person registered in 1 Members of aco-operative documents of an enterprise or the Republic of Estonia may be and a public organrzation and other organization, ora Chapter 1. Private an owner only incases participants of aIlIblic contract do notforesee Ownership foreseen by law of the movement iointlvpossess. use otherwise Republic of Estonia and dispose of property of the Article 14. The Concept of 2 The following legal persons co-operative, public Article 10. Impermissibility PrivateOwnership may be property owners in the organization and publ ic of Confiscating Property Property belonging toacitizen Republic of Estonia: aco- movement byway of their 1. No one may confiscate asa physical person IS in his operative, apublic organization executive bodies orby other property from ItS owner except private ownership. and a public movement. a means foreseen inthe charter incases established bylawof religious community, an 2 A member of aco-operative the Republic of Estonia Article 15. Objectsof the association of religious and apublic organization and a 2 Confiscation of property Rightof Private Ownership communities, a leasing participant of a public from its owner is permitted The value of property acquired enterprise, and a specific- movement is notliable forthe only in state orpublic interests, byacitizen on a legally purpose fund. obligations of theco-operative, according to theprocedure established basis isnot 3.Other legal persons existing the public organization and the foreseen bylawof the limited The composition of the asproperty owners may also public movement. if the charter Republic of Estonia, and with property IS limited only In be foreseen by law of the does not foresee otherwise mandatoty compensation; as cases specified inSection 2, Republic ofEstonia. punishment fora crime, orasa Article 5of this law Article 22. TheFate of sanction for an administrative Article 19. Objectsof the Property in the Event of a violation. Article 16. Origination of the Rightof Ownershipby a Co- Member's Departure from a 3. Aproperty owner mav Rightof Private OWIl~rship Operative, a Public Co-Operative and a Public appeal confiscation ofproperty 1. The right of private Organization, and" Public Organizationand J incourt. ownership originates :;1 the Movement Participant's Dep"rture basis of income obtainec from Property, ownership c:which is from Public Mover.1~nt Article 11. lawfulness of entrepreneurship, fron: Ilired notcontrary to thecharter of a 1. Inthe event that a member Possessionof Propeny labour, from conduct lJi co-operative, a publl: of aco-operative leaves theco The lawfulness of possession personal business, from organization and a public operative, heacqoues the right of property and the dividends obtained Oil stc.ks or movement, may bethe object of return of theshare hehad conscientiousness of the other valuable paper, frem of their right of ownership. contributed to, if anormative owner are presupposed until income obtained as a result of actof theRepublic of Estonia, proven otherwise. business deals, and from other Article 20, Origination of the the charter of the co-operative income, acquisition of which is Rightof Ownership by a Co- oracontract does not foresee Article 12. liability of a notcontrary to law of tilP Operative. a Public otherwise PropertyOwner Republic ofEstonia. Organization anda Public 2. Inthe event that a member 1. Aproperty owner is liable 2. The right to transfer by Movement of a public organization and a forall hisobligations withall inheritance and to Inherit 1. The right of ownership bya participant ofa public of hisproperty, if a normative private property isensured by co-operative originates from movements leaves the public actof theRepublic of Estonia law. the payments and other organization orpublic oracontact does not foresee collectivized property of its movement, hedoes notacquire otherwise. Article 17, Exerice of the members, from income from the right of return of payments 2 Legislation of theRepublic Rightof Private Ownership the business activities of aco made by him and ofany other of Estonia establishes the list 1. Acitizen possesses, uses operative, and from other share of property of the public of property which cannot be and disposes of hisproperty income. organization orpublic recovered. independently inorder to 2.The right of ownership bya movement, if a normative act satisfy personal needs, for the public organization and a of the Republic of Estonia, the Article 13.Ownership of purposes ofbusiness activities, public movement arises on the charter oracontract does not Property Outsidethe Including entrepreneurship. baSIS ofpayments of members foresee otherwise. Republic of Estonia and forother purposes not of the public organization and Owners indicated in Article 2 contrary to law. participants of the public Article 23. The tate Property of this lawmay possess 2.Entrepreneurship, including movement, from income from in the Event of Cessation of property outside theRepublic the use ofhired labour, IS business activities, and from the Activity of a Co of Estonia. The procedures of regulated bynormative acts of other income. Operative. a Public possession, use and disposal the Republic of Estonia Organizationanda Public of this property areestablished Movement bystate in which theproperty Chapter 2. Ownership by a Article 21. Exercise of the 1 Property remaining in the IS located, and byagreements Rightof Ownership by a Co- event ofcessation of the between thisstate and the Legal Person Operative, a Public avtivity of aco-operative after Republic of Estonia Organization and a Public satisfaction of the demands of Article 18. A LegalPerson Movement all creditors is divided between as a PropertyOwner the members of the co Lawon Ownership 45 operative, and 10 cases Co-Operative, a Public community and an assocrauon The fightof municipal foreseen bythe charter of the Organization and a Public of religious comrnumnes may ownership arises as a result of co-operative, between its Movement. andby an include buildings. orocuctron. transfer of state property to a former members as well, in Association of the latter social and chantable facilities local self-managing body III accordance with procedures 1 The property ofan enterpnse and other property obtained by accordance withaprocedure foreseen by the charter orother organization founded them in the form ofahistonca' foreseen by lawof the 2. In the event of cessation of byaco-operative, apublic legacy, by donation. as a result Republic of Estonia, on the the actiVity of apublic organization and apublic of their activity, orby other basis of the activity of organization and apublic movement, and by an means. municipal enterprises, movement, its property is assooanon of the larter. is 2 Possession. use and disposal Institutions and other divided inaccordance With property of thefounders, if of the property ofowners listed municipal organizations, as procedures foreseen by the legislation, founding inSection 1of this article are well as the activity of local charter, afterthe demands of documents oran agreement do exercised on the basis of thiS self-managing bodies all creditors are satisfied. not foresee otherwise. lawand other laws of the themselves, onthe basis of 2. Enterprises and other Republic ofEstonia. payments into the local budget Article 24. Ownershipby an organizations indicated 10 and other income. Association of Co- Section 1of this article Article 28. Ownershipby a Operatives. Public possess, use and dispose of leasing Enterprise Article 33.Exercise of the Organizations andPublic the indicated property on The right of ownership ofa Rightof Municipal Movements grounds stated inSection 3, leasing enterprise in relation to Ownership 1. The property of an Article 7of this law. property owned byit (Section 1.The procedures of association (union etc.I of co- 3. Aco-operative, apublic 3. Article 6) is similar to the possessing, using and operatives, public organization and apublic right of ownership ofaco- disposing ofproperty under organizations and public movement, and an association operative, if the Law of the municipal ownership are movements isproportionately of the latter, may establish, as Republic of Estonia on Leasing established bylocal self owned bytheuniting co- aproperty owner, the grounds does not foresee otherwise managing bodies onthe basis operatives, public and procedures for partial or of the laws of local self orqanizations and public complete transfer uf property Article 29. Ownershipby a management and other laws of movements, if anormative act in the possession o: Specific-PurposeFund the Republic of ~;;tonia of the Republic of bonia or enterprises and other The range of objects, principles 2. Municipal enterprises, the founding documents of the organizations indicated III of origination and exercise of mstitutions and other associarion do not foresee Section 1of this a,ncle into the the rights ofownership bya municipal orqa, .izations othe;wise. possession of their workers (by specific-purpose fund are possess, use and dispose of 2. Property indicated ;n Section means of itspurchase orby established bynormative acts municipal property on grounds 1of thiS article is fc;med outof other means], tog 'herwith of the Republic cf Estonia on stated in Secncn 3,Article 7of property transferred .o (he reorganization or .. .nout it. specific-purpose !r:ds this lawand inaccordance uniting co-operatives, public with procedures e~tablished by organizations and public Article 26. Ownec'dip by a Chapter3.MuniciJal the local self-Ina:' 19ing organ movements, aswell.isoutof Subdivisionof a Public Property property acquired by H'·~ Organization and Q ?ublic Chapter 4. Own,~ rship bythe association asa resuit IJf its Movement Article 30, The Cc .icept of Republic ofEstclia activity, orobtained th ough Inthe event that a s:tJdivision Municipal Proper:y other income. ofapublic organization ora Municipal property ISproperty Article 34. The Concept of 3, In the event a shareholder public movement (a primary belonging toaparish, anurban Ownershipby the Republic leaves theassociation, it has organization, aregional settlement, acityoracoun.v of Estonia the right to acquire a share of association etc I isrecognized Property of the Republic of the assoc.auon's property in to beaproperty owner on the Article 31. Objects of the Estonia IS property belonging accordance withprocedures basis of lawor founding Rightof Municipal to the Republic of Estonia as a foreseen bytheassociation's documents of the organization Ownership state. founding documents ormovement. all norms Municipal property may be any 4. In the event anassociation regulating thefightof property necessary to support Article 35. Objectsof the ceases its activity, property ownership bya public the social and economic Rightof State Ownershipby remaining aftersatisfaction of organization and apublic development ofa local self- the Republic of Estonia the demands ofall creditors IS movement are effective 111 manaqmq administrative UI1I!. 1.Land, its suboil, the airspace diVided between the relation to it if itsdesignation as mumcipal above theterritory of the shareholders inaccordance property does not conflict with republic, inland water basins With procedures foreseen by legislation of the Republic of and terntonat waters, the the founding documents Article 27. OwnerShip by a Estonia. sheff, forests and other natural ReligiousCommunity and resources are under the Article 25. Ownershipby an anAssociation of Religious Article 32. Originationof the ownership of the Republic of Enterprise or Other Communities Rightof Municipal Estonia Organization Founded by a 1 The property of il reliqious Ownership 46 Law on Ownership 2. Besides property indicated in the Republic of Estonia ownership isnotprohibited by property, if a normative actof Section 1of thisarticle, all 5 The Republic of Estonia has lawof the Republic of Estonia the Republic of Estonia orthe other property necessary for the right to possess. use and may beunder common founding documents of the state support of thesocial and dispose of resources in the ownership legal person donot foresee economic development of the economic zone of the Baltic otherwise Republic of Estonia is under Sea bordering on terri tory of Article 41. Originationof the 3 An owner has the right to the ownership of tRepublic of the Republic of Estonia, within Right of Common obtain hisshare in common Estonia. the limitsrecognized by Ownership property inaccordance with intemational law. 1. The rightof common procedures foreseen by a Article 36. Origination ofthe ownership originates asa normative actof the Republic Rightof StateOwnership of Article 38. Ownership bya result of joint labour and of Estonia or founding the Republic of Estonia StateEnterprise, State business deals, asa result of documents of the legal person 1 The Republic of Estonia's Institution andOther State entrepreneurship based on 4. Upon cessation of the right of stateownership of Organization of the common property, and on other activity of the legal person property indicated inSection 1, Republic of Estonia grounds notcontrary to law. Indicated in Section 1of trus Article 35 of thislaw derives 1 Astate enterprise. state 2.The rightof common article, remaining property is from thesovereignty of the institution and other state ownership originates in the divided between the owners in people of Estonia and their organization of the Republic of form of the rightof shared accordance with procedures inalienable nght to land and Estonia possesses, uses and ownership if the law ora foreseen bythe founding other natural resources of disposes ofproperty belonging contact does notforesee documents of the legal person Estonia. to theRepublic of Estonia and otherwise. 5.The provisions InSections 2.The Republic of Estonia's allocated to it on the basis of 1-4 of thisarticle are also rightof stateownership of grounds stated inSection 3. Atricle 42. Exercise of the effective in relation to other property originates asa Article 7 of thislaw. Right of Common organizations created by result of entrepreneurial 2. On thebasis of grounds and Ownership shareholdinq organizations Jctivity, business deals with inaccordance withprocedures 1. The procedures of axisting ascommon owners of other states, budget income, determined bylawof the possession, use and disposal property. and other income. Republic of Estonia, property of property under common allocated toa state enterprise, ownership is established Article 44. Common Article 37. Exerciseofthe Institution orother state jointly bytheowners. Ownership by Members of a Republic of Estonia'sRight organization may be 2 The right common ownership leasing Collective of StateOwnership transferred wholly or inpart to may beexercised bywayof a 1. Common property of 1 The Republic of Estonia other owners (by purchase or legal person orbyanother members of a leasinq possesses theinalienable right Other meansl withorwithout rneans foreseen bya normative collecuve belongs to them by to make, bywayof its supreme reorganization of the named actof theRepublic of Estonia (he fightof common ownership legISlative organ, decisions on organizations If the lawora contract does the procedures of possessing. Article 43. Exercise of the notforesee otherwise usmq and disposing of property Right of Common 2. The procedures of of the Republic of Estonia. /II. Common Ownership Ownership byWayof a or-qmauon. exercise and 2.Possession. use and disposal Legal Person cessation of the right of of property of the Republic of Article 39. The Concept and 1. Intheevent thatowners common ownership nv Estonia areexercised byway Forms of Common form a legal person forthe members of a leasinq of state enterprises and Ownership purposes of exercising the right collective are established ov institutions and other state 1. Property simultaneously ofcommon ownership, the law of the RepubliC of organizations to which the belonging to twoorseveral common property :,,;ongs to Estonia on teasmq. Republic of Estonia allocates owners isunder common them in accordance with the state property in accordance ownership right of shared ownership, if Article 45. Joint Ownership with thegoals of their activity. 2.Common property inwhich the laworthe founding by Members of a 3 The procedures of theshare belonging toeach documents of the legal person Homestead Family transferring land and other owner is determined is their do notforesee otherwise. 1 Common property of natural resources under the shared property. 2.The right of common members of a homestead ownership of the Republic of 3.Common property In which ownership IS exercised by family belongs to them bythe Estonia to the ownership or the share belonging toeach owners bywayof the legal right of JOint ownership if a law use of otherpersons are owner isnotdetermined is the person indicated in Section 1 of the Republic of Estonia does established bylawsof the iomt property of this article on the basis of a not foresee otherwise Estonian Republic normative actof the Republic 2. The procedures of 4. No one except theRepublic Article 40. Objects of the of Estonia pertaining to the onqination. exercise and of Estonia itselfcan establish Rightof Common corresponding legal person. An cessation of the fightof [omt restrictions ontheexercise of Ownership owner is liable for the ownership bymembers ofa the rightof ownership in Any property in relation to obligations of the legal person homestead family and the relation to property owned by which thenght ofcommon byhisshare in the common features of Inheritance of [oint Law on Ownership 47 rr"l'lerty bymembers ofa farmstead family are established bythe lawon farmstead mansqement. Article 46. JointOwnership by Spouses 1. Property acquired by spouses during the time of their marriage belongs to them bythe right of jointownership if lawof the Republic of Estonia does not foresee otherwise. 2. The procedures of origination, exercise and cessation of theright of joint ownership byspouses are determined bythe Marriage and Family Code. IV. Property ofOther States and of Their Citizens and Organizations, of International Organizations, andof Persons Without Citizenship in the Republic ofEstonia Articles 41. Property of Other States inthe Republic ofEstonia The property of other states ensts in the Republic of Estonia inaccordance with laws of the Republic ofEstonia and agreements signed between the Republic of Estonia and other states. Possession. use and disposal of this property are exercised on the basis of laws of the Republic ofEstonia and the indicated agreements. Article 48. Property of Citizens and Organizations ofOther States, International Organizations and Persons without Citizenship intheRepublic ofEstonia The property ofcitizens and organizations ofother states. international organizations and persons without citizenship in the Republic ofEstonia exists. and this property isdisposed of. inaccordance with laws and agreements ofthe Republic ofEstonia. Article 49. The Property of Enterprises Involving Foreign Participation 1. Enterprises and other organizations may be created in the Republic ofEstonia in which common owners of property are the Republic of Estonia. oracitizen or legal person of it Jointly with some other state. orcitizen orlegal person of it. as well as with an international organization ora person without citizenship. 2. The property indicated in Section 1of thisarticle isthe shared property of itscommon owners. if the founding documents of the enterprise do notforesee otherwise. Common owners exercise all rights ensuing from laws ofthe Republic ofEstonia. Tallinn. June 13. 1990