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Subsections
§ 92. Content of delivery
- (1)
- Movable property ownership is created by delivery of a movable if the transferor delivers possession of the thing to the acquirer and they have agreed that ownership transfers to the acquirer.
- (2)
- If a movable is already in the possession of the acquirer, an agreement between the transferor and acquirer concerning the transfer of ownership is sufficient for the creation of ownership.
- (3)
- (Repealed - 17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (4)
- The law may prescribe cases in which movable property ownership is created after performance of acts provided by law.
§ 92. Unregistered sea-going vessel
For the creation of ownership in a sea-going vessel which has not been entered in a register of ships kept by a court of Estonia, delivery of the sea-going vessel is not required if the transferor and acquirer agree on the immediate transfer of the ownership.
(11.03.98 entered into force 01.07.98 - RT I 1998, 30, 409)
§ 93. Acquisition by assignment of right to demand delivery of thing
If a thing is in the possession of a third person, a transferor may with the agreement of the acquirer substitute delivery of possession of the thing by assignment of the right to demand delivery to the acquirer.
§ 94. Leaving thing in possession of transferor
Upon transfer of ownership, a thing may remain in the possession of the transferor by agreement of the transferor and the acquirer. In this case, the acquirer shall be deemed the indirect possessor and the transferor the direct possessor.
§ 95. Acquisition in good faith
- (1)
- A person who has acquired a thing by delivery in good faith is the owner of the thing as of the time of receipt of the thing into the person's possession even if the transferor was not entitled to transfer ownership.
- (2)
- An acquirer is in bad faith if the acquirer knew or should have known that the transferor was not entitled to transfer ownership. A thing may be reclaimed from an acquirer in bad faith at any time.
- (3)
- Acquisition pursuant to subsection (1) of this section is not effected if the thing was stolen from the owner, lost or dispossessed in any other manner from the owner against the will of the owner. This provision does not apply to money or bearer securities or to a thing acquired by public auction.
- (4)
- A thing stolen from the owner, lost or dispossessed in any other manner from the owner against the will of the owner may be reclaimed from a possessor in good faith until the possessor has acquired the thing by prescription (section 110).
- (5)
- If a sea-going vessel transferred pursuant to§ 921 of this Act did not belong to the transferor, the acquirer shall become the owner as of the moment of delivery of the sea-going vessel except if the owner was in bad faith at the time. If a part of the vessel is the object of the transaction, the time of acquisition of common ownership is decisive. 11.03.98 entered into force 01.07.98 - RT I 1998, 30, 409)
§ 96. Content of occupation
- (1)
- Movable property ownership is created by occupation if a person takes possession of an ownerless movable with the intention of becoming its owner.
- (2)
- A thing is not acquired if occupation is prohibited by law or the taking of possession violates the right of another person to occupy the thing.
- (3)
- A thing is ownerless if it has not yet been in the ownership of anyone or if the owner has terminated possession with the intention of relinquishing ownership.
- (4)
- A wild animal is ownerless if it is free in nature.
§ 97. Occupation of bee colony
- (1)
- A bee colony which has left a beehive is ownerless if the owner does not proceed to pursue it promptly or terminates pursuit.
- (2)
- An owner has the right to pursue the owner's bee colony on the land of another and to remove the owner's bee colony from an empty beehive of another, and the owner shall compensate for any damage caused thereby. If a bee colony settles in a beehive of another in which there is already a bee colony, the bee colony transfers into the ownership of the owner of the beehive without charge.
- (3)
- If bee colonies which have left beehives belonging to different owners merge, they transfer into the common ownership of the pursuing owners, wherein the shares of the owners shall be specified according to the number of bee colonies being pursued.
§ 98. Notification obligation
- (1)
- A person who has found a lost thing and taken possession thereof shall promptly notify the loser or owner. If the loser or owner is unknown to the finder, the finder is required to notify the police of the finding if the value of the thing exceeds one hundred kroons.
- (2)
- Upon finding a thing in a residential building, public establishment or means of transport, the person finding the thing is required to deliver the thing to the house owner, tenant, an employee of the corresponding establishment, the driver of the means of transport or the police. The house owner, tenant, establishment, transport organisation or police to whom the found thing is delivered shall be deemed the finder.
§ 99. Safe-keeping and sale of finding
- (1)
- A finder is required to keep a found thing in a manner which ensures its preservation.
- (2)
- After public notification, a finder has the right to sell the thing by public auction if safe-keeping of the thing is excessively expensive, if the thing is highly perishable or if a public establishment or the police have kept the thing for six months.
- (3)
- Money received at an auction from which the safe-keeping and sales expenses are deducted replaces the thing.
§ 100. Acquisition of finding
- (1)
- If a finder has performed the finder's obligations and the owner has not become known within one year after notification of the finding, the finder acquires the thing or the money replacing it.
- (2)
- If the value of a thing does not exceed one hundred kroons, the term provided for in subsection (1) of this section commences from the day of finding.
- (3)
- The local government of the place of finding acquires the thing or the money replacing it if the police have kept the finding for one year after taking possession of the thing.
- (4)
- A finder does not acquire a thing if the finder violates the notification obligation or conceals the finding.
§ 101. Finder's fee and reimbursement of expenses
- (1)
- If a finder has not yet acquired a thing (subsection 100 (1)), the owner recovers the thing or the money replacing it if the owner reimburses the necessary expenses and pays a finder's fee to the finder. The finder's fee shall not exceed one third of the value of the thing from which the necessary expenses have been deducted. The finder's fee shall be specified by agreement of the finder and the owner. In the case of a dispute, the finder's fee shall be specified by a court.
- (2)
- The necessary expenses specified in subsection (1) of this section are expenses which the finder makes for preservation of the found thing, for seeking the entitled person and for selling the found thing.
- (3)
- The persons specified in subsection 98 (2) shall not receive a finder's fee.
§ 102. Special cases of finding
- (1)
- If movables of another are carried to someone by water, wind or other force of nature, or animals of another come into a person's possession, the person has the rights and obligations of a finder.
- (2)
- A person who finds a buried or hidden movable which is not treasure has the rights and obligations of a finder. The owner of the thing is exempted from payment of a finder's fee if the owner proves that the owner knew the hiding place of the thing.
§ 103. Definition of treasure
- (1)
- Treasure is money or valuables such as gems, pearls or precious metals buried in the ground or hidden in any other manner whose owner cannot be ascertained.
- (2)
- Treasure belongs to the person on whose immovable or movable it was found.
§ 104. Finder's fee
- (1)
- A finder of treasure has the right to receive a finder's fee equal to one-half of the value of the treasure.
- (2)
- The value of a treasure shall be specified by agreement of the finder and the owner, or, in the case of a dispute, by a court.
- (3)
- A finder who searches for treasure without the consent of the owner of the immovable or movable shall not receive a finder's fee.
§ 105. Treasure with special value
- (1)
- An ownerless natural thing or a thing with historical, scientific, artistic or other cultural value belongs to the state regardless of on whose immovable it was found.
- (2)
- A person on whose immovable a thing specified in subsection (1) of this section is found is required to permit unearthing of the thing if the person is compensated for the damage caused thereby.
- (3)
- A finder has the right to receive remuneration if the finder is not required to search for and unearth the things specified in subsection (1) of this section.
- (4)
- Other rights and obligations arising from the finding of treasure with special value and the amount of remuneration shall be provided by law.
§ 106. Specification
- (1)
- If someone processes a movable of another in good faith, the new thing belongs to the processor if the work is more valuable than the original thing, but otherwise to the owner of the original thing.
- (2)
- If the processor acted in bad faith, the owner of the original thing has the right to demand a new thing for themself regardless of whether the work is more valuable than the original thing.
§ 107. Confusion and accession
- (1)
- If movables of several owners are confused or joined such that they can no longer be separated without significant damage to the thing or without excessive work or expenses, common ownership of the new thing by the owners is created.
- (2)
- The shares in the common ownership shall be specified according to the value of the confused or joined things which they had at the time of confusion or accession.
- (3)
- If in the confusion or accession of a movable with another movable one of them is the principal thing, the new thing belongs to the owner of the principal thing.
§ 108. Compensation for damage
A person who incurs damage as a result of specification, confusion or accession of movables may demand compensation for the damage from the person who receives benefit therefrom, pursuant to the provisions concerning compensation for damage or unjust enrichment. Restoration of the former situation shall not be demanded.
§ 109. Ownership of promissory note
- (1)
- A promissory note is in the ownership of the creditor. Upon acquisition of a right of claim, the promissory note also transfers to the acquirer.
- (2)
- The provisions of subsection (1) of this section also apply to other documents which grant the right to demand performance of a particular act.
§ 110. Content of prescription
- (1)
- Movable property ownership is created by prescription if a person possesses movables in good faith and without interruption for five years as an owner.
- (2)
- Movable property ownership is created by prescription within one year if possession is obtained by a transaction on the basis of which ownership was not created solely for the reason that the transaction was invalid due to a defect in form.
- (3)
- The one year prescription period does not apply in the cases provided for in subsection 95 (3).
§ 111. Preclusion of prescription
- (1)
- Prescription is precluded if a possessor is in bad faith.
- (2)
- A possessor is in bad faith if upon obtainment of possession, the possessor knew or should have known that the possessor did not acquire the thing by the obtainment of possession or if the possessor became aware of this before the end of the prescription period.
§ 112. Calculation of prescription period
- (1)
- A person in whose possession a thing is at the beginning and end of a specific period of time is also presumed to be the possessor in the interim.
- (2)
- Upon acquisition of possession as a legal successor, a possessor may add the prescription periods of the possessor and the predecessor of the possessor.
§ 113. Impediment of prescription
- (1)
- Prescription does not commence or is suspended if on a basis provided by law the owner of a movable is prevented from filing an action for protection of ownership or from participating in the procedure.
- (2)
-
The following are impeded:
- 1)
- a person without active legal capacity if the person does not have an agent or if there is a conflict between the interests of the agent and the principal with respect to the action specified in subsection (1) of this section;
- 2)
- a successor within six months after the death of the bequeather;
- 3)
- a person who is in active service during a state of war.
- (3)
- The provisions concerning suspension of the running of a limitation period for an action apply to suspension of prescription.
§ 114. Interruption of prescription
- (1)
-
Prescription is interrupted:
- 1)
- if the possessor loses possession;
- 2)
- upon filing of a claim for protection of ownership against a direct or indirect possessor;
- 3)
- upon filing of a claim for protection of ownership against a person specified in subsection 33 (3) whom the owner erroneously considers the possessor;
- 4)
- if the owner commences to exercise the right of ownership with the knowledge of the possessor and the latter does not contest this.
- (2)
- Interruption of prescription on the bases provided for in clauses (1) 2)-4) of this section is only valid with respect to the person who caused the interruption.
- (3)
- Prescription is not interrupted if the possessor loses possession against the possessor's will and recovers possession within one year or recovers possession on the basis of an action filed within this period.
- (4)
- After an interruption of prescription, the running of the prescription period re-commences. The time passed up to the interruption of prescription is not included in the new prescription period.
§ 115. Acquisition of natural fruit
- (1)
- An owner of a thing or a possessor of a thing of another who has the right to acquire the natural fruit becomes the owner of the fruit upon severance of the fruit from the thing.
- (2)
- If a person who does not possess a thing of another has the right to acquire the natural fruit of the thing, the person becomes the owner of the fruit by taking possession of the fruit.
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