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How Should the Estonian Private Law System Look?

15 June 2000

Studies

RiTo No. 1, 2000

  • Uno Mereste

    Estonian Academy of Sciences academician, member of the 7th, 8th and 9th Riigikogu

In connection with the organisation of the Estonian legal system there is a proposal to regulate in future all private law contracts under law on obligations.

This article discusses the definition of obligation and the changing of the role of law on obligations since the system of the Pandects (6th century AD) until now, and presents an alternative proposal to regulate all private law contracts under the contract law. It would be logically more consistent and would be better in conformity with the legal awareness of the people, which (as can be seen from the discussion of the law on obligations until now) refuses to recognise labour contracts, contracts of usage, deeds of gift, and other contracts as contracts of obligation.

Full article in Estonian

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