Law of Obligations Act, General Part of the Civil Code Act and Private International Law Act Implementation Act
Passed 5 June 2002
(RT1 I 2002, 53, 336),
entered into force 1 July 2002,
amended by the following Acts:
09.12.2003 entered into force 20.12.2003 - RT I 2003, 81, 546;
19.11.2003 entered into force 27.12.2003 - RT I 2003, 78, 523;
Chapter 1
General Provisions
§ 1. Entry into force of Law of Obligations Act, General Part of the Civil Code Act and Private International Law Act
(1) The Law of Obligations Act, the General Part of the Civil Code Act (RT I 2002, 35, 216; 2003, 13, 64; 78, 523) and the Private International Law Act (RT I 2002, 35, 217) enter into force on 1 July 2002.
(2) Section 323 of the Law of Obligations Act enters into force on 1 July 2003.
(3) Division 2 of Chapter 22 of the Law of Obligations Act enters into force on 1 September 2002.
(4) Subsection 720 (6) of the Law of Obligations Act enters into force on 1 January 2003.
§ 2. Acts applicable to circumstances and acts
Acts in force at the time of the arising of circumstances or performance of acts which arose or were performed before 1 July 2002 apply to such circumstances and acts unless otherwise provided by this Act.
§ 3. Active legal capacity
(1) The active legal capacity of a person shall be determined pursuant to the Acts in force at the time of entry into a transaction.
(2) If a person has acquired active legal capacity pursuant to subsection 9 (2) or 10 (3) of the General Part of the Civil Code Act (RT I 1994, 53, 889; 65, correction notice; 89, 1516; 1995, 26-28, 355; 49, 749; 87, 1540; 1996, 40, 773; 42, 811; 1998, 30, 409; 59, 941; 1999, 10, 155) prior to 1 July 2002, the person shall retain active legal capacity in the acquired extent after 1 July 2002.
§ 4. Court judgments regarding active legal capacity
(1) If a person’s active legal capacity has been restricted by a court judgment prior to 1 July 2002, the person shall be regarded as having active legal capacity as of 1 July 2002. A court judgment restricting a person’s active legal capacity prior to 1 July 2002 which has entered into force shall be deemed to be an execution document on the basis of which the person appointed as guardian by the court judgment has the right to request that a claim for the payment of wages or a claim for other permanent income of the person whose active legal capacity was restricted prior to 1 July 2002 be seized by a bailiff and the amounts be paid to the person appointed as guardian.
(2) If a person has been divested of his or her active legal capacity by a court judgment, the person shall, as of 1 July 2002, be deemed to have restricted active legal capacity and guardianship established for him or her and the court judgment shall have the consequences specified in subsection 260 (4) of the Code of Civil Procedure (RT I 1998, 43-45, 666; 108/109, 1783; 1999, 16, 271; 31, 425; 2000, 51, 319; 55, 365; 2001, 21, 113; 34, 186; 53, 313; 93, 565; 2002, 29, 174; 50, 313; 53, 336; 64, 390; 92, 529; 2003, 13, 64; 67; 23, 140).
§ 5. Petition for declaration of person as missing
A petition for the declaration of a person as missing shall, as of 1 July 2002, be deemed to be a petition for the establishment of the fact that the person is missing.
§ 6. Format of transaction
A valid transaction entered into before 1 July 2002 which does not comply with formal requirements provided by law after entry into force of the Acts specified in § 1 of this Act shall remain in force.
§ 7. Annulment of transaction and unilateral termination of contract
(1) A transaction entered into before 1 July 2002 may be annulled after 1 July 2002 and a contract may be unilaterally terminated after 1 July 2002 only pursuant to the procedure provided for in Acts in force. The Acts in force at the time of entry into a transaction apply to the grounds of annulment and termination of the transaction.
(2) The provisions of subsection (1) of this section do not apply to proceedings concerning an action for annulment of a transaction or termination of a contract filed before 1 July 2002.
(19.11.2003 entered into force 27.12.2003 - RT I 2003, 78, 523)
§ 8. Representation
After 1 July 2002, the provisions of the General Part of the Civil Code Act concerning representation apply to representation even if the right of representation arose prior to 1 July 2002.
§ 9. Limitation period
(1) The provisions of the General Part of the Civil Code Act and the Law of Obligations Act concerning limitation period apply to claims which arose prior to 1 July 2002 and which have not expired. The Acts in force prior to 1 July 2002 applies to the beginning, suspension and interruption of limitation if the limitation period began to run or was suspended or interrupted prior to 1 July 2002.
(2) If a limitation period is shorter pursuant to the General Part of the Civil Code Act or the Law of Obligations Act than pursuant to the Act in force before 1 July 2002, the limitation period provided for in the General Part of the Civil Code Act or the Law of Obligations Act shall be calculated as of 1 July 2002.
(3) If a limitation period provided for in the Act in force prior to 1 July 2002 is longer than the limitation period provided for in the General Part of the Civil Code Act or the Law of Obligations Act and such limitation period would expire before a limitation period calculated pursuant to subsection (2) of this section, the Act in force prior to 1 July 2002 applies to the limitation.
§ 10. Other terms
Section 9 of this Act applies correspondingly to terms related to the exercise, acquisition and extinguishment of rights.
§ 11. Act applicable to obligations
The Acts in force prior to entry into force of this Act applies to obligations which arose before 1 July 2002.
§ 12. Long-term contracts
(1) As of 1 July 2002, the provisions of the General Part of the Civil Code Act and the Law of Obligations Act apply to long-term contracts entered into prior to 1 July 2002.
(2) The provisions of subsection (1) of this section do not preclude or restrict the rights and obligations of the parties which have arisen prior to 1 July 2002. The Act hitherto in force applies to circumstances and acts related to a long-term contract which have arisen or have been performed before 1 July 2002.
(3) If, after entry into force of the Acts specified in subsection (1) of this section, a term or condition of a long-term contract is contrary to a provision of an Act which must not be derogated from pursuant to an agreement between the parties, the provisions of the Act apply instead of the term or condition of the contract.
(4) If the standard terms of contract supplied by a party contain any terms or conditions of contract referred to in subsection (3) of this section, the party supplying the standard terms is required to bring the standard terms applicable to the contract into conformity with the law by 1 January 2003.
§ 13. Alteration of standard terms used by credit institution
A credit institution or any other supplier of financial services may, until 1 January 2003, alter the standard terms used by the institution or supplier upon the provision of financial services, regardless of whether the credit institution or other supplier of financial services reserved the right under the terms of a contract or the standard terms to unilaterally alter the standard terms, if alteration of the standard terms is necessary in order to bring the terms into conformity with the Law of Obligations Act, the General Part of the Civil Code Act or the Private International Law Act and if the credit institution or other supplier of financial services gives notice to the other party to the contract of the alteration of terms and, if the other party disagrees with the alteration, grants the other party the right to terminate the contract immediately.
§ 14. Interest rate arising from law
Until Estonia’s accession to the European Union, the interest rate referred to in subsection 94 (1) of the Law of Obligations Act shall be deemed to be 7 per cent per year, unless a different interest rate is agreed upon. The interest rates specified in subsection 94 (1) of the Law of Obligations Act shall be published as of Estonia’s accession to the European Union.
§ 15. Specifications relating to provisions concerning lease contracts
(1) Housing disputes committees formed pursuant to § 63 of the Dwelling Act (RT 1992, 17, 254; RT I 1998, 71, 1199; 2000, 88, 576; 2001, 85, 509; 93, 565; 2002, 53, 336; 2003, 15, 86) prior to 1 July 2002 shall be deemed to be lease committees for the purposes of the Law of Obligations Act until an Act regulating the resolution of lease disputes is passed or corresponding amendments to the Code of Civil Procedure are made.
(2) The provisions of subsection 291 (1) of the Law of Obligations Act apply to the transfer of structures which are movables.
(3) Residential lease contracts entered into for an unspecified term before 1 July 2002 shall be deemed to be entered into for five years as of entry into the contract.
(4) A person who used a dwelling specified in § 58 of the Dwelling Act prior to 1 July 2002 and who met the requirements provided for in subsection 60 (4) of the Dwelling Act prior to 1 July 2002 shall not be evicted from the dwelling unless another dwelling is provided for the person.
§ 16. Right of pre-emption
(1) The provisions of the Law of Obligations Act concerning the right of pre-emption apply if notification of the right of pre-emption is submitted after 1 July 2002.
(09.12.2003 entered into force 20.12.2003 - RT I 2003, 81, 546)
(2) A right of pre-emption in case of a structure or a legal share thereof, a dwelling privatised as physical share, a non-residential space in a residential building, an apartment transferred in the ownership of a member of a housing association, an apartment transferred in the ownership of a former member of an apartment association or a physical share of a structure created upon extinguishment of common ownership may be exercised within two months as of the receipt of a notification provided for in § 249 of the Law of Obligations Act.
(09.12.2003 entered into force 20.12.2003 - RT I 2003, 81, 546)
§ 17. Specifications of application of provisions concerning consumer credit
(1) Credit contracts secured by pledge contracts specified in § 132 of the Law of Property Act Implementation Act (RT I 1993, 72/73, 1021; 1999, 44, 510; 2000, 51, 325; 88, 576; 2001, 31, 171; 42, 234; 94, 582, 2002, 47, 297; 2002, 47, 297; 53, 336; 99, 579; 2003, 13, 64; 51, 355; 78, 523; 81, 546) shall be deemed to be credit contracts secured by mortgages within the meaning of Division 2 of Chapter 22 of the Law of Obligations Act.
(2) Until Estonia’s accession to the European Union, a creditor may, in the case specified in subsection 408 (8) of the Law of Obligations Act, require that a consumer provide security if the net amount of credit exceeds an amount equivalent to 10 000 euro.
§ 18. Contracts for joint activity
(1) After entry into force of the Law of Obligations Act, the provisions of the Law of Obligations Act concerning civil law partnerships apply to contracts for joint activity entered into before 1 July 2002.
(2) The provisions of subsection (1) of this section do not preclude or restrict the rights and obligations of parties to contracts for joint activity which have arisen prior to 1 July 2002. The Act hitherto in force applies to circumstances and acts related to contracts for joint activity which have arisen or have been performed before 1 July 2002.
§ 19. Specifications relating to electronic payment instruments
(1) If a contract on the use of an electronic payment instrument entered into before 1 July 2002 does not comply with the requirements provided for in § 739 of the Law of Obligations Act, the issuer of the payment instrument is required to bring the contract into conformity with the provisions of the Act by 1 January 2003.
(2) In order to amend a contract, the issuer of a payment instrument shall submit a proposal to amend the contract to the holder of the payment instrument and grant the holder a reasonable term to accept or refuse the proposal. If the holder of the payment instrument fails to give notice of the holder’s decision within the term, the contract shall be deemed to be amended.
(3) If the holder of a payment instrument refuses to amend the contract, the issuer of the payment instrument has the right to terminate the contract on the use of the electronic payment instrument entered into with the holder of the payment instrument.
(4) Until Estonia’s accession to the European Union, a rate of excess different from the rate of risk provided for in subsection 742 (1) of the Law of Obligations Act may be agreed upon as the rate of risk arising from the theft or loss of an electronic payment instrument borne by the holder of the payment instrument provided for in subsection 742 (1) of the Law of Obligations Act.
(5) In a contract entered into with a consumer, the rate of excess specified in subsection (4) of this section shall not exceed 10 000 kroons.
§ 20. Securities
(1) The provisions of the Law of Obligations Act concerning securities apply to securities issued after 1 July 2002.
(2) Section 923 of the Law of Obligations Act also applies to securities issued before 1 July 2002.
§ 21. Negotiorum gestio
The provisions of the Law of Obligations Act regarding negotiorum gestio apply to acts performed after 1 July 2002.
§ 22. Unlawful causing of damage
(1) The provisions of the Law of Obligations Act concerning unlawful causing of damage apply where the act or event causing the damage was performed or occurred after 1 July 2002.
(2) The provisions of Division 3 of Chapter 53 of the Law of Obligations Act apply only with regard to products placed on the market after 1 July 2002.
§ 23. Unjustified enrichment
The provisions of the Law of Obligations Act concerning unjustified enrichment apply where unjustified enrichment occurred after 1 July 2002.
§ 24. Application of private international law provisions
(1) The law applicable to circumstances which occur after 1 July 2002 and acts performed after 1 July 2002 shall be determined pursuant to the Private International Law Act.
(2) After 1 July 2002, the law applicable to family law relationships shall be determined pursuant to the Private International Law Act. In the case of marriages contracted prior to 1 July 2002, when determining the law applicable to the proprietary rights of spouses, the date of contraction of the marriage for the purposes of subsection 58 (3) of the Private International Law Act shall be deemed to be 1 July 2002.
§ 25. Bringing regulations in force into conformity
The Government of the Republic and the appropriate ministers shall bring regulations in force into conformity with the Law of Obligations Act, the General Part of the Civil Code Act and the Private International Law Act by 1 July 2002.
Chapter 2
Amendments to Legislation
§ 26. Amendment of Marital Property Register Act
Subsection 21 (3) of the Marital Property Register Act (RT I 1995, 87, 1540; 1996, 51, 967; 1999, 10, 155; 2001, 56, 336; 93, 565; 2002, 53, 336) is amended and worded as follows:
"(3) The application of foreign law to the proprietary rights of spouses shall be entered in the register on the basis of documents certifying that the application of foreign law is permitted pursuant to subsection 58 (1) of the Private International Law Act (RT I 2002, 35, 217). It shall be indicated in the entry which state’s law is applicable to the proprietary rights of the spouses.”
§ 27. Amendment of Juvenile Sanctions Act
Section 2 of the Juvenile Sanctions Act (RT I 1998, 17, 264; 2002, 82, 479; 90, 521; 2003, 26, 156) is amended and worded as follows:
"§ 2. Minor
For the purposes of this Act, a minor is a person between seven and eighteen years of age.”
§ 28. Amendment of Archives Act
Section 10 of the Archives Act (RT I 1998, 36/37, 552; 1999, 16, 271; 2000, 92, 597; 2001, 88, 531; 93, 565; 2002, 53, 336; 61, 375; 63, 387; 82, 480) is amended and worded as follows:
1) the words “right to purchase” in the first sentence of subsection (1) are substituted by the words “right of pre-emption with respect to”;
2) subsection (2) is repealed;
3) in subsection (3), the words “purchasing right” are substituted by the words “right of pre-emption”.
§ 29. Amendment of Law of Property Act
The following amendments are made to the Law of Property Act (RT I 1993, 39, 590; 1999, 44, 509; 2001, 34, 185; 93, 565; 2002, 47, 297; 53, 336; 2003, 13, 64; 17, 95; 78, 523):
1) in the Act, the words “avalik-õiguslik isik” [person in public law] in any case form are substituted by the words “avalik-õiguslik juriidiline isik” [legal person in public law] in appropriate case forms;
2) sections 2-4, subsections 6 (1) and (3) and §§ 7-31 are repealed;
3) section 113 is amended and worded as follows:
"§ 113. Suspension of prescription
Prescription does not commence or is suspended as of the moment when the limitation period for a claim for the protection of ownership of the owner of a movable is suspended.”
4) in subsection 256 (1), the word “transfer” is substituted by the word “sale”;
5) section 257 is amended and worded as follows:
"§ 257. Establishment and meaning of right of pre-emption
(1) A transaction by which the establishment of right of pre-emption is undertaken shall be notarised.
(2) A real right contract required for the establishment of right of pre-emption shall be notarised.
(3) Right of pre-emption entered in the land register has the same legal force with regard to third parties as a preliminary notation securing a claim for the transfer of ownership. Right of pre-emption with respect to an immovable which is created pursuant to law and with regard to which a notation has been entered in the land register, and the right of pre-emption of a co-owner of an immovable have the same legal force.
(4) The provisions of the Law of Obligations Act concerning right of pre-emption apply to relationships between an owner and a person with the right of pre-emption, unless otherwise provided by this Act.
(5) The right of pre-emption specified in subsection (3) of this section also applies upon the sale of an immovable by compulsory auction or in bankruptcy proceedings.”;
6) section 258 and §§ 261-275 are repealed;
7) sections 2611-2614 are added to the Act worded as follows:
"§ 2611. Rights of purchaser
(1) A purchaser or the legal successor of a purchaser may refuse to grant their consent to entry of a person with the right of pre-emption in the land register as an owner and to transfer the immovable until the purchaser or the legal successor of a purchaser is compensated for the purchase price paid.
(2) After entry of a person with the right of pre-emption in the land register as an owner, a purchaser may refuse to transfer the immovable until the purchaser is compensated for the purchase price paid by the purchaser.
§ 2612. Payment of purchase price
If, pursuant to § 2611 of this Act, a person with the right of pre-emption is required to pay the purchase price to a purchaser or the legal successor of a purchaser, the person with the right of pre-emption is released from the obligation to pay the purchase price to the seller.
§ 2613. Release of purchaser from obligation to pay purchase price
If a purchaser or the legal successor of a purchaser loses immovable property ownership due to the exercise of right of pre-emption, the purchaser or the legal successor shall be released from the obligation to pay the purchase price. A purchaser may request that a seller repay the purchase price already paid only if the purchaser withdraws from the contract of sale.
§ 2614. Right of pre-emption upon division of immovable
Upon the division of an immovable, the right of pre-emption remains with respect to each immovable created as a result of the division.”
§ 30. Amendment of Law of Property Act Implementation Act
The Law of Property Act Implementation Act (RT I 1993, 72/73, 1021; 1999, 44, 510; 2000, 51, 325; 88, 576; 2001, 31, 171; 42, 234; 94, 582; 2002, 47, 297; 53, 336; 99, 579; 2003, 13, 64; 51, 355; 78, 523; 81, 546) is amended as follows:
1) subsection 6 (2) and §§ 8 and 24 are repealed;
2) the first sentence of subsection 13 (9) is omitted;
3) the text of subsection 131 (1), beginning with the second sentence, is omitted.
§ 31. Amendment of Authorised Public Accountants Act
The Authorised Public Accountants Act (RT I 1999, 24, 360; 2002, 21, 117; 53, 336; 57, 357; 61, 375; 2003, 23, 133) is amended as follows:
1) subsection 40 (1) is amended and worded as follows:
"(1) If mandatory auditing is prescribed by law, an auditor or a firm of auditors shall be liable for any damage wrongfully caused to a client or a third party as a result of violation of an obligation arising from the professional activities of the auditor or the firm of auditors. Any agreement on the restriction of liability of an auditor is void.”;
2) subsection 42 (1) is amended and worded as follows:
"(1) In order to ensure compensation for damage caused as a result of the professional activities of an auditor, the auditor shall enter into a professional liability insurance contract for the entire duration of the professional activities of the auditor.”;
3) the word “written” is omitted from § 43 and the words “which specifies” are substituted by the word “concerning”;
4) a second sentence is added to § 43 worded as follows:
“The agreement shall be entered into in writing if the client so requests.”
§ 32. Amendment of Copyright Act
The Copyright Act (RT 1992, 49, 615; RT I 2000, 16, 109; 78, 497; 2001, 50, 289; 56, 335; 2002, 53, 336; 63, 387; 90, 521; 92, 527) is amended as follows:
1) subsection 47 (1), §§ 50 and 51, subsections 53 (3) and 56 (3), §§ 58-61 and 81 are repealed;
2) a second sentence is added to subsection 56 (1) worded as follows:
“The provisions of the Law of Obligations Act concerning contracting apply to commission contracts.”
§ 33. Amendment of Road Transport Act
The Road Transport Act (RT I 2000, 54, 346; 2002, 32, 190; 53, 336; 61, 375; 63, 387; 102, 601; 2003, 88, 591) is amended as follows:
1) section 20 is repealed;
2) the existing text of § 23 is considered subsection (1), and the section is amended by adding subsection (2) worded as follows:
"(2) The rights and obligations of parties to a contract of carriage arising from the contract shall not be regulated by rules specified in subsection (1) of this section.”
§ 34. Amendment of Digital Signatures Act
Subsection 38 (1) of the Digital Signatures Act (RT I 2000, 26, 150; 92, 597; 2001, 56, 338; 2002, 53, 336; 61, 375; 2003, 88, 591; 594) is amended and worded as follows:
"(1) Service providers are liable for patrimonial damage which is caused as a result of violation of the obligations of the service provider.”
§ 35. Repeal of Estonian SSR Act “Principles of Economic Self-Management of Estonia”
The Estonian SSR Act “Principles of Economic Self-Management of Estonia” (ENSV ÜVT2 1989, 18, 223) is repealed.
§ 36. Repeal of Estonian SSR Estonian Nature Protection Act
The Estonian SSR Estonian Nature Protection Act (ENSV Teataja3 1990, 6, 103; RT I 1994, 46, 773; 1995, 16, 228; 57, 978; 1997, 86, 1460) is repealed.
§ 37. Repeal of Estonian SSR Act “Concerning Regulation of Import and Export of Goods”
The Estonian SSR Act “Concerning Regulation of Import and Export of Goods” (ENSV ÜVT 1990, 3, 62; RT I 1993, 62, 891) is repealed.
§ 38. Amendment of National Library of Estonia Act
The National Library of Estonia Act (RT I 1998, 34, 488; 2002, 21, 117; 35, 218; 53, 336; 57, 357) is amended as follows:
1) subsection 14 (2) is repealed;
2) subsection (7) is added to § 14 worded as follows:
"(7) The provisions of subsections (4) and (5) of this section do not restrict the passive legal capacity of the National Library.”
§ 39. Amendment of Estonian Academy of Sciences Act
The Estonian Academy of Sciences Act (RT I 1997, 35, 539; 2000, 104, 685; 2001, 34, 187; 2002, 21, 117; 53, 336; 57, 357; 61, 375; 90, 521) is amended as follows:
1) subsection 3 (4) is amended and worded as follows:
"(4) The Academy shall be dissolved by an Act.”;
2) subsections 19 (1), (2) and (4) are repealed;
3) subsection (8) is added to § 19 worded as follows:
"(8) The provisions of this section do not restrict the passive legal capacity of the Academy.”
§ 40. Repeal of Republic of Estonia Price Act
The Republic of Estonia Price Act (ENSV ÜVT 1989, 39, 610; RT 1992, 30, 400; RT I 1996, 49, 953; 1997, 52, 833; 1998, 60, 951; 2001, 56, 332) is repealed.
§ 41. Repeal of Insurance Act
The Insurance Act (RT 1992, 48, 601; RT I 1995, 26-28, 355; 1996, 23, 455; 40, 773; 1998, 61, 979; 1999, 10, 155; 27, 389; 2000, 53, 343; 2001, 43, 238; 48, 268; 79, 480) is repealed.
§ 42. Repeal of Republic of Estonia Commercial Lease Act
The Republic of Estonia Commercial Lease Act (RT 1990, 12, 126; RT I 1995, 14, 169; 30, 380; 2001, 50, 289) is repealed.
§ 43. Repeal of Resolution of the Supreme Council of the Republic of Estonia “Concerning the Establishment of the Republic of Estonia Commercial Lease Act”
Resolution of the Supreme Council of the Republic of Estonia “Concerning the Establishment of the Republic of Estonia Commercial Lease Act” (RT 1990, 12, 127) is repealed.
§ 44. Amendment of Foreign Borrowing by the Republic of Estonia and State Guarantees for Foreign Loan Agreements Act
The Foreign Borrowing by the Republic of Estonia and State Guarantees for Foreign Loan Agreements Act (RT I 1995, 31, 387; 1997, 40, 619; 2002, 27, 152) is amended as follows:
1) in the Act, the word “garanteeritav” [guarantee recipient] in any case form is substituted by the word “põhivõlgnik” [principal obligor] in appropriate case forms;
2) clause 2 4) is amended and worded as follows:
"4) “state guarantee” means an obligation of the Republic of Estonia to be liable to an obligee for the performance of an obligation of a third party arising from a loan agreement;”;
3) clause 2 6) is amended and worded as follows:
"6) “principal obligor” means a person whose loan is guaranteed by the state.”;
4) the existing text of § 2 is considered subsection (1), and the section is amended by adding subsection (2) worded as follows:
"(2) The provisions of the Law of Obligations Act concerning suretyship apply to state guarantees unless otherwise agreed.”;
5) subsection 5 (2) is repealed;
6) section 9 is repealed;
7) in subsection 10 (1), the words “or the only share” are inserted after the word “shares”;
8) sections 15 and 16 are repealed.
§ 45. Amendment of Dwelling Act
The Dwelling Act (RT 1992, 17, 254; RT I 1998, 71, 1199; 2000, 88, 576; 2001, 85, 509; 93, 565; 2002, 53, 336; 2003, 15, 86) is amended as follows:
1) sections 1-6, clause 8 3), §§ 9-13, subsection 17 (1), §§ 28, 29, 31, 34-37, 372-62, 64, 66, 67, 72 and 74 are repealed;
2) clause 7 (1) 3) is amended and worded as follows:
"3) establishment of the procedure for the calculation of rent in respect of dwellings provided for in § 121 of the Republic of Estonia Principles of Ownership Reform Act (RT 1991, 21, 257; RT I 1997, 27, 391; 74, 1230; 1998, 12, 153; 51, 758; 86/87, 1434; 103, 1697; 1999, 23, 354; RT III 1999, 9, 90; RT I 1999, 82, 751; 96, 847; 2000, 47, 288; 51, 324; 2001, 48, 265; 93, 565);”;
3) subsection 18 (3) is amended and worded as follows:
"(3) Section 288 of the Law of Obligations Act applies to residential lease contracts in respect of dwellings specified in subsection (2) of this section.”;
4) the words “pursuant to § 48 of this Act” are omitted from § 19;
5) subsection (4) is added to § 32 of the Dwelling Act worded as follows:
"(4) This section applies, upon expiry of the five-year term of a residential lease contract specified in subsection 121 (3) of the Principles of Ownership Reform Act, to the single extension of such lease contract or entry into a new lease contract.”;
6) the second sentence of subsection 33 (2) is amended and worded as follows:
“In the case of eviction pursuant to clause (1) 3) of this section, the local government is obligated to provide an equivalent dwelling if the dwelling from which the person or persons are evicted is in state or municipal ownership.”;
7) clause 33 (3) 1) is amended and worded as follows:
"1) a state agency or the rural municipality or city government provides another equivalent dwelling for the lessee and persons living together with him or her;
8) subsection (6) is added to § 33 worded as follows:
"(6) This section applies upon expiry of the five-year term of a residential lease contract provided for in subsection 121 (3) of the Principles of Ownership Reform Act.”;
9) the first sentence of subsection 371 (1) is amended and worded as follows:
“A local government council has the right to establish limits on the amounts of rent payable for dwellings in municipal ownership within its administrative territory.”;
10) subsection 371 (2) is amended and worded as follows:
"(2) The corresponding limit on the amount of rent established by a local government council shall be the limit on the amount of rent with respect to all dwellings provided for in § 121 of the Republic of Estonia Principles of Ownership Reform Act which are located in the same administrative territory. An amount of rent, different from the limit on the amount of rent, may be agreed upon in a lease contract with the consent of the lessee.”
§ 46. Amendment of Transplantation of Organs and Tissues Act
The Transplantation of Organs and Tissues Act (RT I 2002, 21, 118; 53, 336; 63, 387; 110, 660) is amended as follows:
1) the phrase “a recipient who has been divested of active legal capacity or” is omitted from subsection 7 (2);
2) the phrase “recipient who has been divested of active legal capacity or” is omitted from subsection 7 (3);
3) the title of § 10 is amended and worded as follows:
"§ 10. Persons with restricted active legal capacity as donors”;
4) the words “Persons without active legal capacity and” in the beginning of subsection 10 (1) and the words “without active legal capacity or” in subsection 10 (2) are omitted.
§ 47. Amendment of Privatisation of Dwellings Act
The Privatisation of Dwellings Act (RT I 1993, 23, 411; 2000, 99, 638; 2001, 93, 565; 2002, 47, 297; 53, 336; 2003, 88, 594) is amended as follows:
1) the last sentence of subsection 5 (4) is repealed;
2) sections 16 and 17 are repealed.
§ 48. Amendment of Civil Code of Estonian SSR
Sections 162-194, 206-279, 299, 347, 350-449, 452-469, 474-475, 477 and 478 of the Civil Code of the Estonian SSR (ENSV Teataja 1964, 25, 115; 1968, 46, 341; 1969, 30, 295; 1970, 37, 332; 1973, 9, 68; 44, 389; 53, 465; 1974, 28, 247; 1977, 6, 72; 37, 424; 1980, 31, 490; 1985, 27, 451; 1986, 19, 251; 1988, 6, 68; 25, 295 and 296; 1989, 17, 203; Eesti Vabariigi Teataja4 1990, 20, 300; RT 1990, 12, 128; 1992, 33, 418; 49, 615; RT I 1993, 72/73, 1021; 1994, 25, 406; 53, 889; 63, 1065; 1996, 31, 630; 38, 752; 1997, 48, 775; 2001, 47, 260) are repealed.
§ 49. Amendment of Private Schools Act
The Private Schools Act (RT I 1998, 57, 859; 1999, 24, 358; 51, 550; 2000, 40, 255; 95, 611; 2001, 75, 454; 2002, 53, 336; 61, 375; 90, 521; 2003, 20, 116) is amended as follows:
1) in the Act, the word “omanik” [owner] in any case form is substituted by the word “pidaja” [manager] in appropriate case forms;
2) subsection 2 (1) is amended and worded as follows:
"(1) “Private school” means an educational institution of a natural person or legal person in private law which operates pursuant to Acts, legislation issued on the basis thereof and the articles of association of the private school and, if the founder is a legal person in private law, the articles of association of the legal person.”;
3) in § 17, the word “erakool” [private school] in any case form is substituted by the words “erakooli pidaja” [manager of private school] in appropriate case forms;
4) in subsection 17 (4), the words “Mandatory terms and conditions of a contract are” are substituted by the words “The following shall be determined in a contract”;
5) subsection 20 (1) is amended and worded as follows:
"(1) A private school shall be managed by the head of the school who shall adhere to the lawful orders of the manager of the private school and the private school board.”;
6) subsection 20 (2) is amended and worded as follows:
"(2) The head is responsible for the general state and development of the private school, and for the expedient and practical use of financial resources.”
§ 50. Amendment of Geographical Indications Protection Act
The Geographical Indications Protection Act (RT I 1999, 102, 907; 2000, 40, 252; 2001, 27, 151; 56, 332 and 335; 2002, 53, 336; 63, 387; 2003, 88, 594) is amended as follows:
1) a second sentence is added to subsection 11 (3) worded as follows:
“This does not affect validity of the transaction entered into for the transfer of goods.”;
2) section 45 is amended and worded as follows:
"§ 45. Legal remedies in case of unlawful use of registered geographical indication
In the case of unlawful use of a registered geographical indication, an interested person may request:
1) compensation for damage caused by unlawful use of the registered geographical indication, pursuant to § 1043 of the Law of Obligations Act;
2) termination of the unlawful use of the registered geographical indication and refraining from further violation, pursuant to § 1055 of the Law of Obligations Act;
3) the transfer of that which is received as a result of the unlawful use of the registered geographical indication, pursuant to §§ 1037 and 1039 of the Law of Obligations Act.”;
3) subsection 52 (1) is repealed.
§ 51. Amendment of Code of Administrative Court Procedure
Clause 22 (1) 2) of the Code of Administrative Court Procedure (RT I 1999, 31, 425; 33 correction notice; 40, correction notice; 96, 846; 2000, 51, 321; 2001, 53, 313; 58, 355; 2002, 29, 174; 50, 313; 53, 336; 62, 376; 2003, 13, 67; 23, 140) is amended and worded as follows:
"2) if the person who filed the action has restricted active legal capacity, until the appointment of a guardian for such person;”.
§ 52. Amendment of Administrative Procedure Act
The Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117; 78, 527) is amended as follows:
1) in subsection 12 (1), the words "1994, 53, 889; 65, correction notice; 89, 1516; 1995, 26-28, 355; 49, 749; 87, 1540; 1996, 40, 773; 42, 811; 1998, 30, 409; 59, 941; 1999, 10, 155" are substituted by the numbers "2002, 35, 216";
2) subsection 12 (2) is amended and worded as follows:
"(2) A minor or any other person with restricted active legal capacity shall not perform procedural acts in administrative proceedings independently unless otherwise prescribed by law. An administrative authority shall ensure legal representation in administrative proceedings.”;
3) subsection 13 (2) is amended and worded as follows:
"(2) Right of representation in administrative procedure is granted by a written authorisation document.”;
4) subsection 13 (3) is amended by adding a reference to the publication of the General Part of the Civil Code Act which enters into force on the basis of this Act in Riigi Teataja.
§ 53. Amendment of Savings and Loan Associations Act
The existing text of § 6 of the Savings and Loan Associations Act (RT I 1999, 24, 357; 2002, 3, 6; 53, 336) is considered subsection (1), and the section is amended by adding subsection (2) worded as follows:
"(2) The provisions of subsection (1) of this section do not preclude or restrict the validity of other transactions concluded or acts performed by a savings and loan association.”
§ 54. Amendment of Special Interest Schools Act
The Special Interest Schools Act (RT I 1995, 58, 1004; 1996, 49, 953; 1998, 57, 859; 2002, 53, 336; 61, 375; 90, 521) is amended as follows:
1) the second sentence of subsection 10 (1) is amended and worded as follows:
“The head has the right to enter into transactions for the benefit of the school and in the name of the manager of the school to the extent necessary to perform functions of the head provided by law.”;
2) the second sentence is omitted from subsection 10 (4).
§ 55. Amendment of Act on Prevention of Importation and Exportation of Goods Infringing Intellectual Property Rights
In the Act on Prevention of Importation and Exportation of Goods Infringing Intellectual Property Rights (RT I 2001, 56, 334; 88, 531; 2002, 44, 284; 53, 336; 63, 387; 2003, 23, 134; 88, 591), the words “õiguste valdaja” [holder of rights] in any case form are substituted by the words “õiguste omaja” [proprietor of rights] in appropriate case forms.
§ 56. Amendment of Investment Funds Act
The Investment Funds Act (RT I 1997, 34, 535; 1998, 61, 979; 2000, 10, 55; 57, 373; 2001, 48, 268; 79, 480; 89, 532; 93, 565; 2002, 23, 131; 53, 336; 63, 387; 102, 600; 105, 612; 2003, 23, 133; 51, 355; 88, 591) is amended as follows:
1) in subsection 8 (3), the words “intentionally or negligently” are substituted by the word “wrongfully”;
2) subsection 29 (1) is amended and worded as follows:
"(1) A contractual fund is a pool of money collected through the public issue of units and other assets acquired through the investment of such money, which is owned jointly by the unit-holders (community of unit-holders).”;
3) in subsection 29 (2), the words “the common ownership of” are omitted from the first sentence and the words “in the common ownership” are omitted from the second sentence;
4) subsection 29 (3) is amended and worded as follows:
"(3) Assets received as a result of the issue of units and assets received by other means on account of the assets of a contractual fund are owned by the unit-holders as the assets of the contractual fund according to the size of the shares of the unit-holders provided for in subsection (2) of this section.”;
5) clause 31 (1) 1) is amended and worded as follows:
"1) demand that the management company redeem the units pursuant to § 39 of this Act;”;
6) clause 31 (1) 2) is amended and worded as follows:
"2) freely transfer the units held by the unit-holder to third persons;”;
7) clause 31 (1) 3) is amended and worded as follows:
"3) receive, pursuant to law and the fund rules, a share of the income of the fund in proportion to the number of units held by the unit-holder;”;
8) clause 31 (1) 4) is amended and worded as follows:
"4) receive a share of the assets remaining upon liquidation of a contractual fund in proportion to the number of units held by the unit-holder;”;
9) the second sentence of subsection 31 (2) is amended and worded as follows:
“No unit-holder is entitled to demand termination of the community of unit-holders.”;
10) in clauses 74 (1) 3) and 88 (1) 3), the word “termination” is substituted by the word “cancellation”;
11) in subsection 113 (1), the word "sõlmimisel" [conclusion] is substituted by the word "tegemisel" [conclusion].
§ 57. Amendment of National Defence League Act
Section 9 of the National Defence League Act (RT I 1999, 18, 300; 2002, 53, 336; 57, 357; 61, 375; 2003, 23, 133) is amended as follows:
1) clause (4) 3) is amended and worded as follows:
"3) persons to whom, due to their restricted active legal capacity, a court has appointed a guardian;”;
2) clause (5) 3) is amended and worded as follows:
"3) persons to whom, due to their restricted active legal capacity, a court has appointed a guardian;”.
§ 58. Amendment to Protected Natural Objects Act
Subsection 4 (1) of the Protected Natural Objects Act (RT I 1994, 46, 773; 2002, 6, 21; 53, 336; 61, 375; 63, 387; 99, 579) is repealed.
§ 59. Amendment of Utility Models Act
The Utility Models Act (RT I 1994, 25, 407; 2000, 60, 388; 2001, 27, 151; 2002, 53, 336; 63, 387; 2003, 18, 106; 88, 594) is amended as follows:
1) in the Act, the word “litsentsiaar” [licensor] in any case form is substituted by the word “litsentsiandja” [licensor] in appropriate case forms, and the word “litsentsiaat” [licensee] in any case form is substituted by the word “litsentsisaaja” [licensee] in appropriate case forms;
2) subsections 43 (1) and (2) are repealed and the second sentence is omitted from subsection 43 (4);
3) subsections 48 (2) and 51 (1), (3) and (5) are repealed;
4) subsection 50 (1) is amended and worded as follows:
"(1) In the case of unlawful use of a utility model, the owner of the utility model may request:
1) compensation for damage caused by unlawful use of the utility model pursuant to § 1043 of the Law of Obligations Act;
2) termination of the unlawful use of the utility model and refraining from further violation pursuant to § 1055 of the Law of Obligations Act;
3) the transfer of that which is received as a result of the unlawful use of the utility model pursuant to §§ 1037 and 1039 of the Law of Obligations Act.”
§ 60. Amendment of National Institute of Chemical Physics and Biophysics Act
The National Institute of Chemical Physics and Biophysics Act (RT I 1998, 101, 1664; 2002, 21, 117; 53, 336; 57, 357; 61, 375; 90, 521) is amended as follows:
1) subsection 2 (4) is amended and worded as follows:
"(4) The NICPB shall be dissolved by an Act.”;
2) section 11 is repealed.
§ 61. Amendment of Chemicals Act
Subsection 15 (5) of the Chemicals Act (RT I 1998, 47, 697; 1999, 45, 512; 2002, 53, 336; 61, 375; 63, 387; 2003, 23, 144; 51, 352; 75, 499; 88, 591) is repealed.
§ 62. Amendment of Citizenship Act
The Citizenship Act (RT I 1995, 12, 122; 83, 1442; 1998, 111, 1827; 2000, 51, 323; 2001, 93, 565; 2002, 53, 336; 62, 376; 90, 518; 2003, 18, 101; 82, 550) is amended as follows:
1) in subsection 13 (3), the words “declared as missing or divested of active legal capacity” are substituted by the words “missing or have restricted active legal capacity”;
2) in clause 141 4), the words “is divested of active legal capacity or declared missing” are substituted by the words “has restricted active legal capacity or is missing”;
3) in subsections 18 (2) and 24 (2), the words “divested of active legal capacity” are substituted by the words “with restricted active legal capacity”;
4) in subsection 35 (1), the words “without active legal capacity” are substituted by the words “with restricted active legal capacity”;
5) subsection 35 (3) is amended and worded as follows:
"(3) Upon application for Estonian citizenship to an adult with restricted active legal capacity, the application specified in subsection 12 (1) of this Act and the curriculum vitae specified in clause 12 (2) 4) shall be written by his or her legal representative and the court judgment by which a guardian is appointed to the person due to restricted active legal capacity shall be submitted instead of documents specified in clauses 12 (2) 6)-8).”
§ 63. Amendment of Local Government Organisation Act
The Local Government Organisation Act (RT I 1993, 37, 558; 1999, 82, 755; 2000, 51, 322; 2001, 82, 489; 100, 642; 2002, 29, 174; 36, 220; 50, 313; 53, 336; 58, 362; 61, 375; 63, 387; 64, 390; 393; 82, 480; 96, 565; 99, 579; 2003, 1, 1; 4, 22; 23, 141; 88, 588) is amended as follows:
1) in subsection 10 (1), the words “persons in public law” are substituted by the words “legal persons in public law”;
2) clause 18 (1) 7) is amended and worded as follows:
"7) the appointment of a guardian to him or her, due to restricted active legal capacity, by a court;”;
3) subsections (3) and (4) are added to § 30 worded as follows:
"(3) A rural municipality or city government shall establish, by an order, the prices of services provided by rural municipality or city agencies, taking account of the provisions of subsection 5 (3) of the Administrative Procedure Act (RT I 2001, 58, 354).
(4) In the case specified in subsection (3) of this section, the city government may authorise a city administrative agency exercising public authority to establish the prices of services provided by agencies which are administered by the city administrative agency and which do not exercise public authority. If authorisation is granted to a city administrative agency exercising public authority, the head of the administrative agency has the right to issue the order.”
§ 64. Amendment of Commercial Pledges Act
The Commercial Pledges Act (RT I 1996, 45, 848; 49, correction notice; 1997, 48, 774; 2001, 93, 565; 2002, 53, 336) is amended as follows:
1) section 6 is amended and worded as follows:
"§ 6. Transfer of encumbered property
(1) A commercial pledge and the claim for the securing of which the pledge is established are inseparably bound to each other in a manner rendering it impossible for the pledge and the claim for the securing of which the pledge is established to transfer separately.
(2) Upon the transfer of property which is encumbered with a commercial pledge and which constitutes an enterprise or installation, the commercial pledge is preserved.”;
2) a second sentence is added to subsection 10 (1) worded as follows:
“The provisions of §§ 292-295 of the Law of Property Act (RT I 1993, 39, 590; 1999, 44, 509; 2001, 34, 185; 2001, 93, 565) do not apply to the satisfaction of claims secured by a commercial pledge.”
§ 65. Amendment of Consular Act
Subsection 27 (1) of the Consular Act (RT I 1998, 113/114, 1874; 2001, 23, 126; 93, 565) is amended and worded as follows:
"(1) An authorised person shall represent an Estonian citizen with restricted active legal capacity who is in the consular district and protect his or her rights and lawful interests without authorisation as long as the person does not have a legal representative.”
§ 66. Amendment of Anti-corruption Act
Clause 5 (3) 4) of the Anti-corruption Act (RT I 1999, 16, 276; 87, 791; 2000, 25, 145; 2001, 58, 357; 2002, 53, 336; 63, 387; 2003, 18, 108; 51, 349; 88, 591) is amended by inserting the words “and shares of private limited companies” after the words “and other securities”.
§ 67. Amendment of Credit Institutions Act
Section 6 of the Credit Institutions Act (RT I 1999, 23, 349; 2002, 17, 96; 21, 117; 23, 131; 53, 336; 63, 387; 102, 600; 105, 612; 2003, 17, 95; 23, 133; 81, 544) is amended by adding subsection (21) worded as follows:
"(21) The provisions of subsections (1) and (2) of this section do not affect the validity of other transactions concluded or acts performed by a credit institution.”
§ 68. Amendment of Law of Maritime Property Act
The first sentence of subsection 2 (2) of the Law of Maritime Property Act (RT I 1998, 30, 409; 59, 941; 2000, 55, 365; 2001, 34, 186; 56, 336; 93, 565; 2002, 53, 336) is amended and worded as follows:
“Accessories of ships are determined pursuant to the provisions concerning accessories provided for in the General Part of the Civil Code Act (RT I 2002, 35, 216).”
§ 69. Amendment of Law of Obligations Act
The Law of Obligations Act (RT I 2001, 81, 487) is amended as follows:
1) the title of the Act is amended and worded as follows:
“Võlaõigusseadus” [Law of Obligations Act];
2) in the Act, the words “kirjalikult taasesitatav vorm” [format which can be reproduced in writing] in any case form are substituted by the words “kirjalikku taasesitamist võimaldav vorm” [format which can be reproduced in writing] in appropriate case forms;
3) in subsections 142 (5), 149 (3) and 441 (5), the word “disputed” is replaced by the word “annulled”;
4) the second sentence is omitted from subsection 187 (1);
5) the first sentence is omitted from subsections 220 (2) and 644 (2);
6) the phrase “unless the policyholder's failure to pay the insurance premium was not due to the fault of the policyholder” are omitted from subsection 457 (2);
7) in § 520, the words “if the insurer meets” are substituted by the words “if the policyholder meets”;
8) in subsection 546 (1), the word “disputes” is substituted by the word “annuls”;
9) in subsection 636 (4), the word "purchaser" is substituted by the word "customer";
10) subsection 731 (4) is amended by inserting the words “account manager” before the words “the recipient’s account manager”;
11) in clause 745 (1) 1) the word “väljaandjani” [issuer] is substituted by the word “väljajani” [issuer];
12) in subsections 748 (1) and (2), the word “tagasivõetamatu” [irrevocable] in any case form is substituted by the word “tagasivõtmatu” [irrevocable] in appropriate case forms;
13) in subsections 1037 (2) and (4), reference to subsection 108 (1) of the General Part of the Civil Code Act is substituted by reference to subsection 114 (2) of the General Part of the Civil Code Act;
14) in clause 1061 (2) 1) the word “product” is substituted by the word “thing”.
§ 70. Amendment of Explosive Substances Act
Clause 33 (1) 3) of the Explosive Substances Act (RT I 1997, 86, 1461; 2001, 65, 377; 85, 510; 88, 531; 2002, 47, 297; 53, 336; 61, 375; 63, 387; 2003, 20, 116; 88, 591) is amended and worded as follows:
"3) persons to whom, due to restricted active legal capacity, a guardian has been appointed;”.
§ 71. Amendment of Land Improvement Act
The Land Improvement Act (RT I 1994, 34, 534) is amended as follows:
1) section 3, subsections 6 (4), 8 (1), 11 (3) and 12 (4) and § 20 are repealed;
2) the second sentence is omitted from subsection 16 (1).
§ 72. Amendment of Earth's Crust Act
The Earth's Crust Act (RT I 1994, 86/87, 1488; 1995, 75, 1321; 1996, 49, 953; 1997, 52, 833; 86, 1461; 93, 1562; 1998, 64/65, 1005; 1999, 10, 155; 54, 583; 95, 843; 2000, 54, 348; 102, 670; 2002, 53, 336; 61, 375; 63, 387; 2003, 20, 118) is amended as follows:
1) the text of § 20 is amended and worded as follows:
During the term of validity of an exploration permit, the holder of the exploration permit has the right, with the consent of the issuer of the exploration permit, to transfer the rights arising from the permit together with the geological information obtained in the course of exploration, whereupon the exploration permit shall be re-registered with the issuer of the permit.”;
2) subsection 37 (1) is amended and worded as follows:
"(1) The holder of an extraction permit has the right, with the consent of the issuer of the permit, to transfer the rights arising from the permit during the term of validity of the permit, whereupon the extraction permit shall be re-registered with the issuer of the permit.”;
3) subsection 46 (2) is amended and worded as follows:
"(2) Prior to the commencement of works, the holder of the exploration permit shall provide security for compensation for possible damage to the owner (possessor) of the immovable unless otherwise agreed.”;
4) subsection 46 (3) is repealed;
5) the second sentence is omitted from subsection 49 (1);
6) subsection 49 (2) is repealed;
7) sections 58 and 74 are repealed.
§ 73. Amendment of Layout-Designs of Integrated Circuits Protection Act
The Layout-Designs of Integrated Circuits Protection Act (RT I 1998, 108/109, 1783; 2001, 27, 151; 93, 565; 2002, 53, 336) is amended as follows:
1) in the Act, the word “litsentsiaar” [licensor] in any case form is substituted by the word “litsentsiandja” [licensor] in appropriate case forms, and the word “litsentsiaat” [licensee] in any case form is substituted by the word “litsentsisaaja” [licensee] in appropriate case forms;
2) subsection 6 (1) is amended and worded as follows:
"(1) For the purposes of this Act, “commercial exploitation” means the transfer or grant of use, for a charge, of a layout-design of an integrated circuit or the integrated circuit composed on the basis thereof and the offer for transfer or grant of use for a charge, importation or distribution in another manner of a layout-design of an integrated circuit or the integrated circuit composed on the basis thereof, including distribution as part of a product.”;
3) the second sentence of subsection 11 (3) is amended and worded as follows:
“The economic rights of the author of a layout-design of an integrated circuit are transferable.”;
4) section 14 is amended and worded as follows:
"§ 14. Owner of layout-design of integrated circuit
The owner of the layout-design of an integrated circuit is the person who is entered in the register as the owner of the layout-design of the integrated circuit. The owner of a layout-design of an integrated circuit has exclusive right to the registered layout-design of an integrated circuit.”;
5) subsections 51 (1) and (2) are repealed and the title of the section is amended and worded as follows:
"§ 51. Validity of licence upon transfer of rights of owner of layout-design of integrated circuit”;
6) clause 53 (2) 2) and subsection 59 (2) are repealed;
7) section 60 is amended and worded as follows:
"§ 60. Legal remedies in case of unlawful use of layout-design of integrated circuit
In the case of unlawful use of a layout-design of an integrated circuit, the owner of the layout-design of an integrated circuit may demand:
1) compensation for damage caused by unlawful use of the layout-design of an integrated circuit pursuant to § 1043 of the Law of Obligations Act;
2) termination of the unlawful use of the layout-design of an integrated circuit and refraining from further violation pursuant to § 1055 of the Law of Obligations Act;
3) the transfer of that which is received as a result of the unlawful use of the layout-design of an integrated circuit pursuant to §§ 1037 and 1039 of the Law of Obligations Act.”
§ 74. Amendment of Non-profit Associations Act
The Non-profit Associations Act (RT I 1996, 42, 811; 1998, 96, 1515; 1999, 10, 155; 23, 355; 67, 658; 2000, 55, 365; 88, 576; 2001, 56, 336; 93, 565; 2002, 53, 336; 2003, 88, 591) is amended as follows:
1) subsection 4 (3) is repealed;
2) section 32 is amended and worded as follows:
"§ 32. Liability of member of management board or other body
(1) Members of the management board and of other bodies, who cause damage to the non-profit association by violation of their obligations shall be solidarily liable for compensation for the damage caused.
(2) A claim for payment of compensation to a non-profit association for damage specified in subsection (1) of this section may also be submitted by an obligee of the non-profit association if the assets of the non-profit association are not sufficient to satisfy the claims of the obligee.
(3) An obligee has the right to submit a claim specified in subsection (2) of this section also if the non-profit association has waived a claim against a member of the management board or of another body or has entered into a contract of compromise with such member.
(4) The limitation period for submission of claims against a member of the management board or of another body shall be five years as of violation of an obligation.”;
3) sections 55 and 97 are repealed.
§ 75. Amendment of Heritage Conservation Act
The Heritage Conservation Act (RT I 2002, 27, 153; 47, 297; 53, 336; 63, 387) is amended as follows:
1) subsection 27 (1) is amended and worded as follows:
"(1) The state has a right of pre-emption upon transfer of a movable monument. The provisions of the Law of Obligations Act concerning right of pre-emption apply to the right of pre-emption of a movable monument.”;
2) subsection 42 (2) is amended and worded as follows:
"(2) Damage caused by suspension of work shall be compensated for on the conditions and pursuant to the procedure provided by law.”
§ 76. Amendment of Museums Act
The Museums Act (RT I 1996, 83, 1487; 1997, 93, 1559; 2000, 47, 286; 2001, 88, 531; 2002, 27, 153; 53, 336; 2003, 21, 126) is amended as follows:
1) subsection 14 (1) is amended and worded as follows:
"(1) Museum objects belonging to a museum collection shall not be transferred or granted as security.”;
2) subsection 14 (4) is amended and worded as follows:
"(4) The state has a right of pre-emption upon transfer of a museum object belonging to the collection of a private museum which has received financing from the state budget. The provisions of the Law of Obligations Act concerning right of pre-emption apply to the right of pre-emption of a museum object.”;
3) in the second sentence of subsection 18 (2), the words “pursuant to § 29 of the Law of Property Act” are substituted by the words “based on the peculiarities of the museum object without considering its utility”.
§ 77. Amendment of Youth Work Act
In the Youth Work Act (RT I 1999, 27, 392; 2002, 53, 336; 61, 375; 90, 521), the words “noortelaagri omanik” [owner of a youth camp] in any case form are substituted by the words “noortelaagri pidaja” [youth camp manager] in appropriate case forms.
§ 78. Repeal of § 47 of Notary Fees Act
Section 47 of the Notary Fees Act (RT I 1996, 23, 456; 1998, 95, 1512; 1999, 27, 380; 29, 400; 2001, 56, 336; 93, 565; 2002, 3, 6; 47, 297; 53, 336; 2003, 13, 64; 18, 100) is repealed.
§ 79. Amendment of § 121 of Republic of Estonia Principles of Ownership Reform Act
Section § 121 of the Republic of Estonia Principles of Ownership Reform Act (RT 1991, 21, 257; RT I 1997, 27, 391; 74, 1230; 1998, 12, 153; 51, 758; 86/87, 1434; 103, 1697; 1999, 23, 354; RT III 1999, 9, 90; RT I 1999, 82, 751; 96, 847; 2000, 47, 288; 51, 324; 2001, 48, 265; 93, 565; 2002, 53, 336) is amended as follows:
1) subsections (2) and (6) are repealed;
2) the words “or (6)” are omitted from subsection (7);
3) a third sentence is added to subsection (11) worded as follows:
“In the case specified in this section, provisions of the Law of Obligations Act concerning residential lease contracts do not apply to the extension of the residential lease contract.”
§ 80. Amendment of Packaging Act
Section 17 of the Packaging Act (RT I 1995, 47, 739; 1997, 53, 836; 2002, 53, 336; 61, 375; 63, 387; 2003, 88, 591) is repealed.
§ 81. Amendment of Patents Act
The Patents Act (RT I 1994, 25, 406; 1998, 74, 1227; 107, 1768; 1999, 84, 764; 2001, 27, 151; 93, 565; 2002, 53, 336; 2003, 18, 106) is amended as follows:
1) in the Act, the word “litsentsiaar” [licensor] in any case form is substituted by the word “litsentsiandja” [licensor] in appropriate case forms, and the word “litsentsiaat” [licensee] in any case form is substituted by the word “litsentsisaaja” [licensee] in appropriate case forms;
2) subsection 14 (1) is amended and worded as follows:
"(1) The proprietor of a patent is the person who has exclusive right to the invention protected by the patent. The proprietor of a patent has the right to exercise rights arising from the patent and to demand the avoidance of violations of the rights arising from the patent from all other persons.”;
3) in subsections 39 (7) and 54 (5), the words “ja äritegevus” [and commercial activities] in any case form are substituted by the words “või kutsetegevus” [or professional activity] in appropriate case forms;
4) in subsections 49 (1) and (2), the word “äravõtmine” [taking away] in any case form is substituted by the word “tühistamine” [revocation of] in appropriate case forms;
5) section 53 is amended and worded as follows:
"§ 53. Legal remedies in case of unlawful use of invention protected by patent
(1) In the case of unlawful use of an invention protected by a patent, the proprietor of the patent may demand:
1) compensation for damage caused by unlawful use of the invention pursuant to § 1043 of the Law of Obligations Act;
2) termination of the unlawful use of the patent and refraining from further violation pursuant to § 1055 of the Law of Obligations Act;
3) the transfer of that which is received as a result of the unlawful use of the patent pursuant to §§ 1037 and 1039 of the Law of Obligations Act.
(2) Upon use of an invention protected by a patent in good faith, a court may order compensation not exceeding the extent of damage caused within five years before the filing of the action.”
§ 82. Amendment of Patent Agents Act
Subsection 3 (4) of the Patent Agents Act (RT I 2001, 27, 151; 93, 565; 2002, 53, 336; 2003, 88, 594) is amended and worded as follows:
"(4) If a patent agent dies or is placed under guardianship due to restricted active legal capacity, the successor or guardian of the patent agent, and the company of patent agents, must inform the Minister of Economic Affairs or an official authorised by him or her thereof immediately.”
§ 83. Amendment of Family Law Act
The Family Law Act (RT I 1994, 75, 1326; 1996, 40, 773; 49, 953; 1997, 28, 422; 35, 538; 2000, 50, 317; 2001, 16, 69; RT III 2001, 15, 154; RT I 2001, 53, 307; 2002, 53, 336; 2003, 78, 527) is amended as follows:
1) subsection 3 (3) is amended and worded as follows:
"(3) If a child has one parent or if the other parent is missing or a guardian has been appointed to the other parent due to his or her restricted active legal capacity or if one parent is deprived of parental rights, the consent of one parent is sufficient for the minor between fifteen and eighteen years of age to marry.”;
2) clause 4 3) is amended and worded as follows:
"3) between persons of whom at least one has been placed under guardianship due to his or her restricted active legal capacity (except in the cases specified in subsections 3 (2)-(4) of this Act).”;
3) clause 11 (2) 1) is amended and worded as follows:
"1) a court has established the fact that the other spouse is missing;”;
4) subsection 28 (3) is amended and worded as follows:
"(3) A vital statistics office grants a divorce on the basis of a petition of one spouse if a court has established the fact that the other spouse is missing.”;
5) subsection 32 (2) is amended and worded as follows:
"(2) A marriage which was terminated by divorce due to a spouse being missing may be restored upon return of the missing spouse if neither divorced spouse has remarried. A vital statistics office restores a marriage on the basis of a petition of the spouses. A marriage shall be deemed to be restored upon annulment of the divorce notation in the marriage registration.”;
6) clause 41 (4) 2) is amended and worded as follows:
"2) the mother of the child is missing or a guardian has been appointed to her due to his or her restricted active legal capacity;”;
7) the title of Division 3 of Chapter 9 of the Act is amended and worded as follows:
"Division 3
Support Order and Seizure of Income”;
8) section 721 is added to the Act worded as follows:
"§ 721. Seizure of income of person who has placed his or her family in difficult economic situation
If a person places his or her family in a difficult economic situation as a result of dissipation or the use of alcoholic beverages or psychotropic substances, a court may, at the application of the spouse or a family member with respect to whom the person has failed to perform the duty to provide maintenance, order seizure of a claim for the payment of wages or a claim for other permanent income of the person and require the employer or the person obliged to pay permanent income to make the corresponding payments in the amount specified in the court judgment to the person who submitted the application.”;
9) clause 75 (2) 3) is amended and worded as follows:
"3) a person with restricted active legal capacity.”;
10) subsection 78 (3) is amended and worded as follows:
"(3) A child may be adopted without the consent of the parents if they have been deprived of parental rights.”;
11) subsection 80 (2) is amended and worded as follows:
"(2) Adoption may be effected without consent of the other spouse if the conjugal relations of the spouses have terminated and they live apart.”;
12) subsection 92 (2) is amended and worded as follows:
"(2) Guardianship is established for a child whose parents are deceased, missing or with restricted active legal capacity, or are deprived of parental rights.”;
13) subsection 92 (4) is amended and worded as follows:
"(4) Guardianship is also established for the protection of proprietary and personal rights and interests of an adult with restricted active legal capacity.”;
14) subsection 93 (1) is amended and worded as follows:
"(1) A court decides on establishment of guardianship on the application of a guardianship authority or of the person who is placed under guardianship.”;
15) clause 96 2) is amended and worded as follows:
"2) persons with restricted active legal capacity;”;
16) section 98 is amended and worded as follows:
"§ 98. Right of representation of guardian
(1) A guardian is the legal representative of the ward.
(2) A guardian is required to care for and maintain the ward and to act in the ward’s interests.”;
17) subsection 100 (1) is amended and worded as follows:
"(1) A guardian shall not enter into a transaction with a ward except in cases where no civil obligations arise from the transaction for the ward.”;
18) section 103 is amended and worded as follows:
"§ 103. Termination of guardianship
If prerequisites for the establishment of guardianship cease to exist, a guardian is required to submit an application to a court for termination of guardianship. The application may also be submitted by a guardianship authority.”;
19) clause 104 4) is repealed;
20) subsections 121 (2) and (3) are amended and worded as follows:
"(2) In order to register a divorce, a spouse shall submit a copy of a court judgment concerning the establishment of the fact that the other spouse is missing.
(3) A vital statistics office shall notify the curator of the property of the missing spouse of the divorce.”
§ 84. Amendment of Planning and Building Act
Subsections 64 (2) and (3) and § 66 of the Planning and Building Act (RT I 1995, 59, 1006; 1996, 36, 738; 49, 953; 1999, 27, 380; 29, 398 and 399; 95, 843; 2000, 54, 348; 2001, 42, 234; 50, 283; 65, 377; 2002, 47, 297) are repealed.
§ 85. Amendment of Police Service Act
Clause 9 1) of the Police Service Act (RT I 1998, 50, 753; 104, 1742; 2000, 10, 57; 28, 167; 2001, 7, 17; 85, 511; 2002, 53, 336; 61, 375; 2003, 20, 116) is amended and worded as follows:
"1) a person with restricted active legal capacity;”.
§ 86. Amendment of Mental Health Act
Subsection 3 (2) of the Mental Health Act (RT I 1997, 16, 260; 1999, 31, 425; 2001, 50, 284; 53, 309; 2002, 53, 336; 56, 350; 61, 375; 62, 377; 64, 392) is amended and worded as follows:
"(2) Psychiatric care is provided to a person with restricted active legal capacity at the request or with the consent of his or her legal representative.”
§ 87. Amendment of Basic Schools and Upper Secondary Schools Act
The Basic Schools and Upper Secondary Schools Act (RT I 1993, 63, 892; 1999, 42, 497; 79, 730; 2000, 33, 195; 54, 349; 71, correction notice; 95, 611; 2001, 50, 288; 75, 454; 2002, 25, 144; 34, 205; 53, 336; 57, 359; 61, 375; 63, 389; 64, 393; 90, 521; 2003, 21, 125) is amended as follows:
1) in the Act, the word “omanik” [owner] in any case form is substituted by the word “pidaja” [manager] in appropriate case forms;
2) section 34 is repealed;
3) subsection 39 (2) is amended and worded as follows:
"(2) The head has the right to enter into transactions for the benefit of the school and in the name of the manager of the school to the extent necessary to perform functions of the head provided by law.”
§ 88. Amendment of Agricultural Reform Act
The Agricultural Reform Act (RT 1992, 10, 143; 36, 474; RT I 1994, 52, 880; 1996, 48, 945; 1997, 13, 210; 16, 264; 2002, 53, 336; 2003, 17, 95) is amended as follows:
1) section 22 is repealed;
2) the second, third and fourth sentences are omitted from subsection 25 (5).
§ 89. Amendment of Law of Succession Act
The Law of Succession Act (RT I 1996, 38, 752; 1999, 10, 155; 88, 807; 2001, 56, 336; 93, 565; 2002, 53, 336) is amended as follows:
1) in § 93, the numbers “1994, 53, 889; 89, 1516; 1995, 26-28, 355; 49, 749; 87, 1540” are substituted by the numbers “2002, 35, 216”;
2) the title of § 94 and subsection 94 (1) are amended and worded as follows:
"§ 94. Declaration of will as invalid
(1) A court may declare a will or a part thereof invalid on the grounds provided for in §§ 92, 94, 96 and 97 of the General Part of the Civil Code Act (RT I 2002, 35, 216) and only after the death of the testator.”;
3) subsection 103 (2) is amended and worded as follows:
"(2) A court may declare a succession contract invalid on the grounds provided for in §§ 92, 94, 96 and 97 of the General Part of the Civil Code Act (RT I 2002, 35, 216) and only after the death of the testator.”;
4) section 136 is amended and worded as follows:
"§ 136. Obligatory inventory
(1) If a person with restricted active legal capacity, a local government or the state is a successor, an inventory of the estate is obligatory.
(2) If the legal representative of a person with restricted active legal capacity does not request an inventory of an estate in the interest of the successor, the legal representative is personally liable for the debts of the bequeather which cannot be sufficiently satisfied from the estate.”
§ 90. Repeal of Establishment of Personal Liability for Accounting and Correctness of Accounting Information Act
The Establishment of Personal Liability for Accounting and Correctness of Accounting Information Act (RT I 1993, 43, 620; 1996, 6, 101) is repealed.
§ 91. Amendment of Accounting Act
The Accounting Act (RT I 1994, 48, 790; 1995, 26-28, 355; 92, 1604; 1996, 40, 773; 42, 811; 49, 953; 1998, 59, 941; 1999, 55, 584; 101, 903; 2001, 87, 527; 2002, 23, 131) is amended as follows:
1) the word “written” is omitted from subsection 8 (1);
2) clause 8 (1) 6) is repealed;
3) section 42 is repealed.
§ 92. Amendment of Money Laundering Prevention Act
Subsections 10 (1) and (2) of the Money Laundering Prevention Act (RT I 1998, 110, 1811; 2000, 84, 533; 2001, 93, 565) are amended and worded as follows:
"(1) If, upon identification, there is good reason to suspect that a person is acting on behalf of or for the account of someone else, the credit or financial institution or the undertaking specified in subsection 5 (1) shall obtain information as to the real identity of the person on whose behalf or for whose account the person is acting.
(2) If it is impossible to identify the person on whose behalf or for whose account another person is acting, the credit or financial institution or the undertaking specified in subsection 5 (1) is prohibited from carrying out the transaction. The credit or financial institution or the undertaking specified in subsection 5 (1) is also required to inform the Financial Intelligence Unit immediately of an expression of intention by the person to carry out a transaction or of a transaction which has already been carried out by the person.”
§ 93. Amendment of Population Register Act
The Population Register Act (RT I 2000, 50, 317; 2001, 31, 173; 2002, 41, 254; 53, 336; 57, 355; 61, 375; 102, 599; 2003, 4, 22) is amended as follows:
1) clause 21 (1) 13) is amended and worded as follows:
"13) data stating that the person has restricted active legal capacity and has been divested of his or her active legal capacity with regard to the right to vote by a court judgment;”;
2) clause 21 (1) 15) is amended and worded as follows:
"15) data on the person being missing (the time as of which the fact that the person is missing was established);”;
3) clauses 26 (2) 9) and 10) are amended and worded as follows:
"9) a guardian is appointed to a minor, or to an adult with restricted active legal capacity;
10) a judgment by which a guardian is appointed to a minor, or to an adult with restricted active legal capacity is annulled;”;
4) clauses 26 (2) 11)-14) are repealed;
5) clauses 26 (2) 17) and 18) are amended and worded as follows:
"17) the fact that the person is missing is established;
18) a judgment establishing the fact that the person is missing is annulled;”;
6) subsection 42 (2) is amended and worded as follows:
"(2) The address details of the residence or seat of the parent or guardian of a minor with restricted active legal capacity shall be entered in the population register as the address details of the residence of the minor with restricted active legal capacity.”;
7) subsection (21) is added to § 42 worded as follows:
"(21) The address details of the residence or seat of the guardian of an adult with restricted active legal capacity shall be entered in the population register as the address details of the residence of the adult with restricted active legal capacity.”;
8) subsection 42 (3) is amended and worded as follows:
"(3) A parent or guardian may apply, pursuant to the procedure provided for in § 40 of this Act, for the address details of a space which is not the residence or seat of the parent or guardian to be entered in the population register as the address details of the residence of the parent’s child or guardian’s ward who is a minor with restricted active legal capacity.”;
9) subsection 42 (4) is repealed;
10) in subsection 42 (6), the words “without active legal capacity” are substituted by the words “with restricted active legal capacity”.
§ 94. Repeal of § 20 of Public Health Act
Section 20 of the Public Health Act (RT I 1995, 57, 978; 1996, 3, 56; 49, 953; 1997, 37/38, 569; 1999, 30, 415; 88, 804; 2001, 23, 128; 2002, 32, 187; 53, 336; 61, 375; 63, 387; 90, 521; 2003, 26, 156; 160) is repealed.
§ 95. Amendment of National Opera Act
Subsections 15 (1) and (2) of the National Opera Act (RT I 1997, 93, 1558; 2000, 47, 287; 2002, 21, 117; 53, 336; 57, 357; 90, 521; 2003, 51, 353) are repealed.
§ 96. Amendment of Medicinal Products Act
Subsection 133 (2) of the Medicinal Products Act (RT I 1996, 3, 56; 49, 954; 1997, 93, 1564; 1998, 36/37, 554; 1999, 58, 608; 2001, 53, 308; 2002, 18, 97; 53, 336; 62, 377; 63, 387; 82, 480; 2003, 26, 156; 88, 591) is amended and worded as follows:
"(2) Consent to the participation of a person with restricted active legal capacity in a clinical trial of a medicinal product is given by the legal representative of such person, and for a minor who is 7-18 years old to participate in a trial, the consent of the minor is necessary.”
§ 97. Amendment of Advertising Act
Subsection (4) is added to § 15 of the Advertising Act (RT I 1997, 52, 835; 1999, 27, 388; 30, 415; 2001, 23, 127; 50, 284; 2002, 53, 336; 61, 375; 63, 387) worded as follows:
"(4) Any advertisement, or any offer accessible to the public, in which a person offers consumer credit or offers to arrange consumer credit contracts and in which a rate of interest or any figures relating to the cost of the credit are indicated shall also include a statement of the annual percentage rate of charge, by means of a representative example if necessary.”
§ 98. Amendment of Weapons Act
Clause 36 (1) 5) of the Weapons Act (RT I 2001, 65, 377; 88, 531; 102, 673; 2002, 29, 175; 53, 336; 61, 375; 63, 387; 110, 653; 2003, 66, 449; 88, 594; 2004, 2, 7) is amended and worded as follows:
"5) whose active legal capacity is restricted and to whom, therefor, a guardian has been appointed;”.
§ 99. Amendment of National Stockpiles Act
Subsection 12 (1), § 152 and subsection 19 (1) of the National Stockpiles Act (RT I 1994, 91, 1529; 1998, 95, 1514; 2000, 95, 613; 2001, 26, 147; 100, 646; 2002, 53, 336; 63, 387; 2003, 13, 69) are repealed.
§ 100. Amendment of State Secrets Act
Clause 2 1) of the State Secrets Act (RT I 1999, 16, 271; 82, 752; 2001, 7, 17; 93, 565; 100, 643; 2002, 53, 336; 57, 354; 63, 387; 2003, 13, 67; 23, 147) is amended and worded as follows:
"1) “state secret” means information provided for solely in this Act which requires protection from disclosure in the interests of the national security of the Republic of Estonia and which belongs to the state, is under state supervision or produced by or for the state;”;
§ 101. Amendment of State Assets Act
The State Assets Act (RT I 1995, 22, 327; 1996, 36, 738; 40, 773; 48, 942; 81, 1446; 1997, 45, 724; 1998, 30, 409; 1999, 10, 155; 16, 271; 2000, 39, 239; 49, 306; 51, 319; 2001, 7, 17; 93, 565; 2002, 53, 336; 64, 393; 2003, 13, 69) is amended as follows:
1) subsection 17 (3) is amended and worded as follows:
"(3) If the use of assets subject to registration in the state assets register is granted to another person, a corresponding entry shall be made in the state assets register. An entry certifying a grant of use of state assets must be made in the state assets register before entries can be made in the land register and other registers.”;
2) the first sentence of subsection 22 (3) is amended and worded as follows:
“If assets subject to registration in the state assets register are encumbered with a restricted real right, a corresponding entry shall be made in the state assets register.”;
3) subsections 32 (1) and (2) are repealed;
4) subsection 32 (4) is amended and worded as follows:
"(4) If state assets subject to registration in the state assets register are transferred, a corresponding entry shall be made in the state assets register.”
§ 102. Amendment of State Pension Insurance Act
The State Pension Insurance Act (RT I 2001, 100, 648; 2002, 53, 336; 338; 61, 375; 2003, 20, 116; 48, 343; 82, 549; 88, 589) is amended as follows:
1) in subsection 20 (5), the phrase “if the provider is declared missing pursuant to the established procedure” is substituted by the phrase “if a court has established the fact that the provider is missing”;
2) in clause 32 (2) 2), the words “the declaration of the provider as missing” are substituted by the words “the date when the provider went missing”;
3) in subsection 41 (3), the words “the declaration of his or her spouse as missing” are substituted by the words “his or her spouse being missing”.
§ 103. Amendment of Broadcasting Act
The Broadcasting Act (RT I 1994, 42, 680; 66, 1145; 1995, 16, 228; 83, 1437; 97, 1664; 1996, 49, 953; 1997, 29, 448; 52, 834; 93, 1564; 1998, 2, 42 and 44; 1999, 16, 268; 25, 364; 59, 613; 2000, 25, 143; 35, 220; 102, 666; 2001, 53, 310; 2002, 3, 5; 2002, 21, 117; 53, 336; 57, 357; 61, 375; 63, 387; 2003, 4, 22; 83, 560; 88, 594) is amended as follows:
1) clause 1 3) is amended and worded as follows:
"3) the bases for foundation and operation of, and the procedure for terminating the activities of legal persons in public law engaged in broadcasting;”;
2) subsection 331 (2) is repealed.
§ 104. Amendment of Foundations Act
The Foundations Act (RT I 1995, 92, 1604; 1996, 42, 811; 1998, 36/37, 552; 59, 941; 1999, 10, 155; 2000, 55, 365; 2001, 56, 336; 93, 565; 2002, 53, 336; 2003, 88, 591) is amended as follows:
1) subsection 3 (5) is repealed;
2) subsection 5 (2) is amended and worded as follows:
"(2) The founders of a foundation may be natural persons or legal persons.”;
3) the first sentence of subsection 11 (1) is amended and worded as follows:
“In order to enter a foundation in the register of its location, the management board of the foundation shall submit an application which sets out the information specified in clauses 14 (1) 2)-5), 8), 9) and 11) of this Act and is signed by all members of the management board.”;
4) section 23 is amended and worded as follows:
"§ 23. Liability of members of management board
(1) Members of the management board who cause damage to the foundation by violation of their obligations shall be solidarily liable for compensation for the damage caused.
(2) A claim for payment of compensation to a foundation for damage specified in subsection (1) of this section may also be submitted by an obligee of the foundation if the assets of the foundation are not sufficient to satisfy the claims of the obligee.
(3) An obligee has the right to submit a claim specified in subsection (2) of this section also if the foundation has waived a claim against a member of the management board or has entered into a contract of compromise with such member.
(4) The limitation period for submission of claims against a member of the management board shall be five years as of violation of an obligation.”;
5) subsection 32 (1) is amended and worded as follows:
"(1) Members of the supervisory board who cause damage to the foundation by violation of their obligations shall be liable in the same manner as members of the management board.”;
6) subsections 32 (2) and (3) are repealed;
7) section 60 is repealed.
§ 105. Amendment of Social Welfare Act
The Social Welfare Act (RT I 1995, 21, 323; 2001, 98, 617; 2002, 53, 336; 61, 375; 64, 393; 90, 521; 2003, 58, 388; 75, 498; 88, 591) is amended as follows:
1) subsection 17 (1) is amended and worded as follows:
"(1) Social welfare institutions are state or local government agencies, or other legal persons in public law or private law, or their sub-units.”;
2) the first sentence of subsection 17 (3) is amended and worded as follows:
“The statutes of social welfare institutions under the authority of the Ministry of Social Affairs shall be approved by the Minister of Social Affairs.”;
3) subsection 19 (2) is amended and worded as follows:
"(2) An application to place a person in a social welfare institution without his or her consent may be filed with a court together with an application for the appointment of a guardian to the person due to his or her restricted active legal capacity.”
§ 106. Amendment of Plant Variety Rights Act
The Plant Variety Rights Act (RT I 1998, 36/37, 553; 2000, 10, 56; 2001, 93, 565; 2002, 53, 336; 61, 375; 63, 387) is amended as follows:
1) in the Act, the word “litsentsiaar” [licensor] in any case form is substituted by the word “litsentsiandja” [licensor] in appropriate case forms, and the word “litsentsiaat” [licensee] in any case form is substituted by the word “litsentsisaaja” [licensee] in appropriate case forms;
2) sections 43-45 are repealed;
3) subsection 47 (2) is amended and worded as follows:
"(2) Legislation on the basis of which a compulsory licence is issued shall include the following information:
1) information on the parties;
2) the denomination and description of the variety to be exploited;
3) the extent, purpose and method of exploitation of the variety;
4) the territory of exploitation of the variety;
5) the starting date and expiry date of the licence;
6) the type of licence and a description of the rights being transferred;
7) possible restrictions to third persons in the exploitation of the variety;
8) the licence fee to be paid by the licensee, and the term and procedure for payment thereof.”
§ 107. Amendment of Sport Act
Subsections 13 (1), (3) and (4) and subsections 22 (1) and (3) of the Sport Act (RT I 1998, 61, 982; 2002, 53, 336; 90, 521) are repealed.
§ 108. Repeal of § 15 of War-Time National Defence Act
Section 15 of the War-Time National Defence Act (RT I 1994, 69, 1194; 1999, 16, 271; 2002, 53, 336; 57, 354; 2003, 13, 69) is repealed.
§ 109. Amendment of Plant Protection Act
The Plant Protection Act (RT I 29, 169, 2001; 2000, 88, 531; 2002, 53, 336; 61, 375; 63, 387; 2003, 88, 591) is amended as follows:
1) in subsection 87 (1), the words “are authorised” are substituted by the words “are granted the right”;
2) the title of § 88 is amended and worded as follows:
"§ 88. Grant of rights of plant protection inspector”;
3) subsection 88 (1) is amended and worded as follows:
"(1) The rights specified in subsection 87 (1) of this Act shall be granted to a plant protection inspector who is employed in service by a directive of the director general of the Plant Production Inspectorate taking into account the qualification of the inspector. Upon granting the rights, the territory, place or places of work of the plant protection inspector shall be determined.”;
4) subsection 88 (2) is amended and worded as follows:
"(2) The rights of a plant protection inspector terminate upon termination of the service relationship of the plant protection inspector.”;
5) in clause 89 (1) 2), the words “authorisation is” are substituted by the words “the rights of the plant protection inspector are”.
§ 110. Amendment of Consumer Protection Act
The Consumer Protection Act (RT I 1994, 2, 13; 1999, 35, 450; 102, 907; 2000, 40, 252; 59, 379; 2001, 50, 283 and 289; 56, 332; 2002, 18, 97; 35, 214; 53, 336; 61, 375; 63, 387) is amended as follows:
1) in subsections 8 (1), 9 (2) and 12 (2), the word “müüja” [seller] in any case form is substituted by the words “müüja või teenuse osutaja” [seller or service provider] in appropriate case forms;
2) subsection 1 (2) and § 2 are repealed;
3) clause 3 1) is amended and worded as follows:
"1) “consumer” means a natural person who consumes goods or services for private use outside his or her economic or professional activity;”;
4) clauses 3 2) and 3) are repealed;
5) clause 3 4) is amended and worded as follows:
"4) “mandatory requirement” means a requirement for goods or services or for trade therein which is established by legislation and compliance with which is mandatory;”;
6) clause 4 5) is amended and worded as follows:
"5) to demand, pursuant to the procedure provided by law, state protection upon violation of their rights;”;
7) clause 4 6) is repealed;
8) section 5 is repealed;
9) section 7 is amended and worded as follows:
"§ 7. Obligations of sellers and service providers relating to consumer protection
Upon sale of goods or provision of services or upon offer of goods or services to consumers, sellers and service providers shall adhere to the general good ethics and practice of trade and are, inter alia, required to:
1) (Repealed);
2) provide necessary and correct information in Estonian concerning the characteristics, price, origin, conditions for use, etc. of the offered goods or services;
3) comply with the mandatory rules and requirements for trade, service and health protection and other mandatory rules and requirements;
4) (Repealed);
5) (Repealed);
6) (Repealed);
7) ensure the correctness of accounting and the accuracy of measurement;
8) (Repealed);
9) (Repealed);
10) (Repealed);
11) (Repealed);
12) define themselves as legal and/or natural persons in a manner clearly understandable to consumers;
121) upon receipt of goods, verify the expiry dates of goods, the correspondence of labelling to the accompanying documents and the compliance of the accompanying documents with the established requirements;
13) keep the accompanying documents and sales documents of goods or services (also documents certifying quality) in the place of sale and submit these at the request of a competent person exercising supervision;
14) upon obtaining the corresponding information, immediately notify the competent supervisory agency, or if this is impossible, give notice through the media, of goods or services which upon intended use are dangerous to the health, life or property of consumers or to the environment;
15) (Repealed).”;
10) subsection 11 (3) is amended and worded as follows:
"(3) In order to safeguard the consumer rights provided for in this Act, the Government of the Republic shall establish the general rules for shops, the general rules for catering, the general rules for trading in markets and streets, the services regulations and the rules for the labelling of products; the Government of the Republic may also establish requirements for the provision of information on and the disclosure of prices of certain goods or services and for the labelling of goods. On the basis of the general rules approved by the Government of the Republic, local governments have the right to establish the implementing procedure for trading in markets and streets based on local conditions. The Government of the Republic or a Minister authorised by the Government of the Republic may establish the methods for determination of the composition or properties of goods required upon labelling of certain goods.”;
11) clause 12 (1) 3) is amended and worded as follows:
"3) settle applications and complaints submitted to the Board concerning violations of consumer rights;”;
12) clause 31 is added to subsection 12 (1) worded as follows:
"31) demand, in the name of the Republic of Estonia, by a court proceeding that a third party terminate activities in violation of consumer rights if the activities of the third party affect the common interests of an unspecified number of consumers;”;
13) subsection 12 (3) is amended and worded as follows:
"(3) The rights listed in clauses (1) 1), 2), 3), 31), 10) and 11) of this section are at the same time the obligations of the Consumer Protection Board. Upon possessing information concerning goods or services which upon intended use are dangerous to the health, life or property of the consumers, or to the environment, the Consumer Protection Board is required to take all possible measures to prevent the sale of such goods or provision of such services and, if necessary, inform the public thereof through the media.”;
14) subsection 15 (1) is amended and worded as follows:
"(1) Upon violation of §§ 6-8 of this Act, officials of the Consumer Protection Board have the right to issue written mandatory precepts to sellers, service providers, producers or intermediators concerning the following:
1) termination of a violation and restoration of initial situation;
2) suspension of the sale of goods or services which are not in compliance with the mandatory requirements or concerning which there are no accompanying documents or sales documents;
3) public apologies to consumers.”;
15) section 20 is repealed.
§ 111. Amendment of Roads Act
Subsection 38 (1) of the Roads Act (RT I 1999, 26, 377; 93, 831; 2001, 43, 241; 50, 283; 93, 565; 2002, 41, 249; 47, 297; 53, 336; 61, 375; 63, 387; 2003, 79, 530; 88, 594) is amended and worded as follows:
"(1) The owner of the land in a road protection zone may demand compensation from the owner of the road for damage incurred due to restrictions.”
§ 112. Amendment of Code of Civil Procedure
The Code of Civil Procedure (RT I 1998, 43-45, 666; 108/109, 1783; 1999, 16, 271; 31, 425; 2000, 51, 319; 55, 365; 2001, 21, 113; 34, 186; 53, 313; 93, 565; 2002, 29, 174; 50, 313; 53, 336; 64, 390; 92, 529; 2003, 13, 64; 67; 23, 140) is amended as follows:
1) subsection 71 (2) is amended and worded as follows:
"(2) Natural persons with active legal capacity and legal persons have active civil procedural legal capacity.”;
2) subsection 71 (3) is amended and worded as follows:
"(3) The active civil procedural legal capacity of minors is restricted. The civil procedural rights of such minors are exercised and their civil procedural obligations are performed in court by a legal representative. Minors of between fifteen and eighteen years of age have the right to participate in preliminary hearings, court sessions and other proceedings together with a legal representative. Minors of between seven and fifteen years of age may be summoned to court sessions to give statements.”;
3) subsection 71 (4) is amended and worded as follows:
"(4) A minor of between fifteen and eighteen years of age has active civil procedural legal capacity in matters related to his or her employment or conjugal relations. A minor of between fifteen and eighteen years of age whose active legal capacity has been extended has active civil procedural legal capacity in matters arising from transactions which the minor may enter into.”;
4) subsection 71 (5) is amended and worded as follows:
"(5) The civil procedural rights of adults with restricted active legal capacity are exercised and their civil procedural obligations are performed in court by a legal representative.”;
5) subsection 84 (1) is amended and worded as follows:
"(1) Natural persons with restricted active legal capacity shall be represented in court by their legal representatives, taking into account the provisions of § 71 of this Code.”;
6) subsection 88 (1) is amended and worded as follows:
"(1) The following persons shall not act as representatives in court:
1) persons with restricted active legal capacity;
2) minors, except in the case where they represent their children as legal representatives;
3) judges, preliminary investigators or prosecutors, except in the case where they represent their children or wards as legal representatives.”;
7) the existing text of § 129 is considered subsection (1), and the section is amended by adding subsection (2) worded as follows:
"(2) In matters of private international law, the court may use an expert in order to determine the content of law of a foreign state and the practice of interpretation and application thereof.”;
8) subsection 139 (11) is amended and worded as follows:
"(11) A divorce action against a person who is missing or to whom, due to restricted active legal capacity, a guardian has been appointed, or against a person who has been sentenced to imprisonment may also be filed with the court of the residence of the plaintiff. A divorce action may also be filed with the court of the residence of the plaintiff if minor children reside with the plaintiff.”;
9) clause 149 (2) 9) is repealed;
10) subsection 182 (6) is amended and worded as follows:
"(6) A court shall neither accept the discontinuance of an action by the legal representative of a minor or of person with restricted active legal capacity nor approve a settlement of the parties if the discontinuance of the action or the settlement of the parties violates the rights or interests of the minor or the person with restricted active legal capacity. In such case, the court shall involve a guardianship authority in the proceedings as the legal representative of the minor or of the person with restricted active legal capacity.”;
11) section 206 is amended and worded as follows:
"§ 206. Legal impediment
(1) A legal impediment is the illness of the person or the sudden serious illness of a person close to the person, due to which the person fails to appear in court on the due date set out in the summons or perform other acts obligatory for the person in a proceeding.
(2) A court may deem reasons other than those specified in subsection (1) of this section to be legal impediments at the request of a participant in a proceeding.
(3) A person shall submit a corresponding certificate concerning the occurrence of a legal impediment specified in subsection (1) of this section to the court. The format of and procedure for the issue of certificates shall be established by the Minister of Social Affairs.”;
12) clause 213 (1) 2) is amended and worded as follows:
"2) if a party loses active civil procedural legal capacity;”;
13) in clause 214 (2), the words “person without active legal capacity” are substituted by the words “person with restricted active legal capacity”;
14) subsection 247 (1) is amended and worded as follows:
"(1) Matters on petition are:
1) declaration of a person dead and establishment of time of death of a person;
2) establishment of the fact that a person is missing and establishment of custody over the property of a missing person;
3) appointment of guardian;
4) adoption;
5) extension of the restricted active legal capacity of a minor;
6) establishment of filiation from a person after the death of the person;
7) application of estate management measures;
8) proceedings to void and restore bearer debt instrument.”;
15) the title of Chapter 33 of the Code is amended and worded as follows:
"Chapter 33
Declaration of Person as Dead, Establishment of Fact That Person Is Missing and Establishment of Custody over Property of Missing Person”;
16) section 251 is amended and worded as follows:
"§ 251. Filing of petitions
A petition for declaration of a person as dead, for establishment of the fact that a person is missing or for establishment of custody over the property of a missing person shall be filed by an interested person to the court of the residence or seat of such person.”;
17) section 252 is amended and worded as follows:
"§ 252. Content of petition
(1) A petition shall set out the reasons why the petitioner is interested in the declaration of a person as dead, establishment of the fact that a person is missing or establishment of custody over the property of a missing person.
(2) A petition shall set out the facts based on which a person should be declared dead, the fact that a person is missing should be established or custody over the property of a missing person should be established.
(3) In a petition for the establishment of custody over the property of a missing person, the person whose appointment as the administrator is preferred shall be indicated.”;
18) the words “or absent” are omitted from subsection 253 (1);
19) subsection 253 (2) is amended and worded as follows:
"(2) At the request of a petitioner, a court may appoint an administrator for the administration of the property of a missing person for the duration of judicial proceedings.”;
20) subsection 254 (1) is amended and worded as follows:
"(1) A court shall declare a person dead, establish the fact that a person is missing or establish custody over the property of a missing person by a court judgment.”;
21) subsection 254 (2) is repealed;
22) subsection 255 (1) is amended and worded as follows:
"(1) A petition for the annulment of a judgment establishing the fact that a person is missing or establishing custody over the property of a missing person may be submitted by the person declared as missing who returns or another interested person to the court of the residence or seat of such person.”;
23) subsection 255 (5) is amended and worded as follows:
"(5) A court shall send a copy of a judgment on annulment of a judgment declaring a person dead, ascertaining the fact that a person is missing or establishing custody over the property of a missing person to the court whose judgment was annulled.”;
24) section 2551 is added to the Code worded as follows:
"§ 2551. Establishment of time of death
(1) A petition for the establishment of time of death shall be filed by an interested person to the court of the residence or seat of such person.
(2) Information which proves that the person is dead shall be appended to the petition. Information which enables the court to establish the time of death of the person shall also be appended.
(3) In a pre-trial proceeding, the court shall ascertain facts which may be relevant to the person’s time of death. The court shall adjudicate the matter by a judgment.
(4) A copy of the judgment shall be sent to the vital statistics office within ten days as of the entry into force of the judgment. The judgment is the basis for the issue of a death registration.
(5) The provisions of this section apply correspondingly upon amendment of the time of death of a person declared dead.”;
25) the title of Chapter 34 of the Code is amended and worded as follows:
"Chapter 34
Appointment of Guardian to Adult with Restricted Active Legal Capacity”;
26) section 256 is amended and worded as follows:
"§ 256. Filing of petitions
"(1) A petition for the appointment of a guardian to a person with restricted active legal capacity may be submitted to a court by the adult child, parent or guardianship authority of the person with restricted active legal capacity, or by the person’s spouse if he or she resides together with the person with restricted active legal capacity.
(2) A petition shall be submitted to the court of the residence of the person with restricted active legal capacity.”;
27) section 257 is amended and worded as follows:
"§ 257. Content of petition
The following shall be set out in a petition:
1) how the appointment of a guardian affects the interests of the petitioner;
2) the facts which constitute grounds for the appointment of a guardian pursuant to law;
3) the identity of the preferred guardian and his or her written consent;
4) the opinion of the person with restricted active legal capacity concerning the appointment of a guardian to him or her and the identity of the guardian, if the mental state of the person with restricted active legal capacity allows the expression of such opinion.”;
28) the first sentence of subsection 258 (1) is amended and worded as follows:
“If a court has evidence concerning the mental illness, mental disability or any other mental disorder of a person, the court shall order a forensic psychiatric examination in the pre-trial proceeding.”;
29) section 259 is amended and worded as follows:
"§ 259. Hearing of petition
A petition for the appointment of a guardian shall be heard in the presence of the petitioner and a guardianship authority. The person with restricted active legal capacity shall be summoned to a court session if his or her mental state allows for it.”;
30) section 260 is amended and worded as follows:
"§ 260. Court judgment
(1) A court appoints a guardian to an adult with restricted active legal capacity by a court judgment.
(2) The court judgment shall set out the person to whom a guardian is appointed and his or her personal data which shall be entered in the register, and the person who is appointed as guardian and his or her personal data which shall be entered in the register.
(3) A court judgment shall set out whether the person with restricted active legal capacity may enter into transactions without the consent of his or her guardian and specify the transactions which the person with restricted active legal capacity may enter into without the consent of his or her guardian.
(4) If the court appoints a guardian to an adult and pursuant to the judgment the adult has no right to enter into transactions independently or the sphere of duties of the guardian is extended correspondingly, the court, by the court judgment, divests the person of active legal capacity with regard to the right to vote as a result of which the person loses the right to vote.”;
31) section 261 is repealed;
32) section 263 is amended and worded as follows:
"§ 263. Annulment of judgment by which guardian is appointed if grounds therefor cease to exist
(1) A petition for the annulment of a judgment by which a guardian is appointed may be submitted by the ward himself or herself, the guardian, a guardianship authority or an interested person.
(2) A petition shall set out the facts which prove that grounds for the appointment of the guardian have ceased to exist. In order to ascertain that circumstances have ceased to exist, the court may order a forensic psychiatric examination.
(3) A court shall hear a petition in the presence of the ward, the guardian, a guardianship authority and the petitioner.”;
33) the second and third sentences of subsection 271 (3) are amended and worded as follows:
“The submission of the written consent of the spouse is not required if the conjugal relations of the spouses have terminated and they live apart, or if the other spouse is missing or a guardian has been appointed to him or her due to restricted active legal capacity. If the other spouse is missing or a guardian has been appointed to him or her, a corresponding judgment which has entered into force shall be annexed to the petition.”;
34) the second sentence of subsection 272 (2) is amended and worded as follows:
“If a parent of an adoptive child has been deprived of parental rights, or if he or she is missing or a guardian has been appointed to him or her due to restricted active legal capacity, a judgment which has entered into force in respect thereof shall be submitted.”;
35) the title of Chapter 37 of the Code is amended and worded as follows:
"Chapter 37
Extension of Restricted Active Legal Capacity of Minor”;
36) section 275 is amended and worded as follows:
"§ 275. Petition for extension of restricted active legal capacity of minor
(1) A minor of at least fifteen years of age shall submit a petition for the extension of his or her restricted active legal capacity to the court of his or her residence.
(2) A petition shall set out the information prerequisite for the extension of the restricted active legal capacity of a minor and specify the transactions for which the extension of restricted active legal capacity of the minor is applied for.”;
37) section 276 is amended and worded as follows:
"§ 276. Hearing of petition
A court shall hear a petition in a court session in the presence of the minor, his or her parents or guardian and a guardianship authority. If the parents or guardian of the minor fail to appear in court without good reason, the court may hear the petition without their participation.”;
38) section 277 is amended and worded as follows:
"§ 277. Court judgment
(1) A court extends the restricted active legal capacity of a minor by a court judgment.
(2) In a judgment, the court shall set out the transactions which the minor is permitted to enter into independently.”;
39) section 2771 is added to the Code worded as follows:
"§ 2771. Annulment of judgment of extension of restricted active legal capacity of minor
(1) A petition for the annulment of a judgment of extension of the restricted active legal capacity of a minor shall be submitted to the court of residence of the minor. The petition may be submitted by the minor whose active legal capacity was extended or his or her legal representative or another interested person.
(2) A petition shall set out the facts which are the grounds for the annulment of the extension of the restricted active legal capacity of a minor.
(3) A court shall adjudicate the matter in a court session, applying §§ 276 and 277 of this Code correspondingly.”;
40) the title of Chapter 40 of the Code is amended and worded as follows:
"Chapter 40
Declaration of Lost Security as Invalid (Proceeding to Void and Restore Bearer Debt Instrument)”;
41) section 288 is amended and worded as follows:
"§ 288. Petition to declare security invalid
(1) In the case of loss or destruction of or damage to a security, the person who lost the instrument may submit a petition for the instrument to be declared invalid.
(2) In the same petition, a person who has lost a bearer security may request that the issuer of the security issue a new security with the same content to the person.
(3) A petitioner shall prove that the petitioner was the owner of the security prior to the loss or destruction of or damage to the security.
(4) A petition specified in subsection (1) of this section shall be submitted to the court of the residence or seat of the issuer of the security.”;
42) subsection 290 (2) is amended and worded as follows:
"(2) If the declaration of a security as invalid in the case of loss of the security is petitioned for, the court shall, at the expense of the petitioner, publish a notice in the official publication Ametlikud Teadaanded5 three times with an interval of one week and the notice shall set out:
1) the name of the court;
2) the name and address of the petitioner;
3) the name and special characteristics of the instrument;
4) the name of the issuer of the instrument;
5) a proposal to the person who has possession of the specified instrument to notify the court thereof immediately.”;
43) section 291 is amended and worded as follows:
"§ 291. Obligations of possessor of instrument
The person who has a lost instrument in his or her possession is required to notify the court thereof immediately and present the instrument or a notarised copy thereof.”;
44) subsection 292 (1) is amended and worded as follows:
"(1) If a court is notified of a lost instrument within three months as of the publication of the last notice of loss, the court shall refuse to hear the petition of the person who lost the instrument and shall set a term during which it prohibits the person who issued such instrument to make payments pursuant to the instrument. Such term shall not exceed two months.”;
45) section 293 is amended and worded as follows:
"§ 293. Hearing of petition
(1) If a court is not notified of a lost instrument within three months as of the publication of the last notice of loss, the court shall declare the security invalid.
(2) If the declaration of a lost, destroyed or damaged security as invalid is petitioned for in court, the petitioner must prove that the security is lost, destroyed or damaged. If the instrument is damaged, the damaged instrument must be presented.
(3) If a court ascertains that a security has been destroyed or damaged to the extent the security can no longer be used, the court shall declare the security invalid.
(4) If the issue of a new security is requested in a petition, the court shall require the issuer to issue a new security with the same content.”;
46) section 294 is amended and worded as follows:
"§ 294. Court judgment
A court adjudicates a petition for the declaration of security as invalid by a judgment.”;
47) in § 295, the words “§ 291” are substituted by the words “subsection 292 (1)”;
48) section 374 is amended and worded as follows:
"§ 374. Reversal
If, after the annulment of a court judgment which has been executed and after a new hearing of the matter, an action is dismissed by a judgment or is refused a hearing by a ruling or the proceedings are terminated, the plaintiff shall return that which was received on the basis of the annulled judgment to the defendant pursuant to provisions concerning unjustified enrichment.”
§ 113. Repeal of General Part of the Civil Code Act
The General Part of the Civil Code Act (RT I 1994, 53, 889; 65, correction notice; 89, 1516; 1995, 26-28, 355; 49, 749; 87, 1540; 1996, 40, 773; 42, 811; 1998, 30, 409; 59, 941; 1999, 10, 155) is repealed.
§ 114. Amendment of Notarisation Act
The Notarisation Act (RT I 2001, 93, 564; 2002, 53, 336; 2003, 18, 100) is amended by adding § 371 worded as follows:
"§ 371. Declaration of authorisation document as invalid
(1) A principal may submit a request to a notary to declare an authorisation document issued by the principal invalid.
(2) The notary shall notarise the request for the declaration of an authorisation document as invalid and publish a notice concerning the declaration of the authorisation document as invalid in the official publication Ametlikud Teadaanded at least twice and with an interval of at least one week.
(3) The authorisation document shall become invalid after three days after publication of the last notice.”
§ 115. Amendment of Industrial Design Protection Act
The Industrial Design Protection Act (RT I 1997, 87, 1466; 2002, 9, 45; 53, 336; 63, 387; 2003, 88, 594) is amended as follows:
1) in the Act, the word “litsentsiaar” [licensor] in any case form is substituted by the word “litsentsiandja” [licensor] in appropriate case forms, and the word “litsentsiaat” [licensee] is substituted by the word “litsentsisaaja” [licensee] in appropriate case forms;
2) subsections 75 (1) and (2) are repealed and the title of the section is amended and worded as follows:
"§ 75. Validity of licence upon transfer of rights of owner of industrial design”;
3) section 84 is amended and worded as follows:
"§ 84. Legal remedies in case of unlawful use of registered industrial design
In the case of unlawful use of an industrial design, the owner of the industrial design may demand:
1) compensation for damage caused by unlawful use of the industrial design pursuant to § 1043 of the Law of Obligations Act;
2) termination of the unlawful use of the industrial design and refraining from further violation pursuant to § 1055 of the Law of Obligations Act;
3) the transfer of that which is received as a result of the unlawful use of the industrial design pursuant to §§ 1037 and 1039 of the Law of Obligations Act.”
§ 116. Amendment of Social Protection of the Unemployed Act
The Social Protection of the Unemployed Act (RT I 2000, 57, 371; 2001, 59, 359; 2002, 53, 336; 61, 375; 2003, 20, 116) is amended as follows:
1) clause 3 (4) 1) is amended and worded as follows:
"1) he or she works on the basis of an employment contract, a contract of service or any other similar contract for the provision of services to another person which is of permanent nature or if the person is in public service;”;
2) clause 7 (2) 1) is amended and worded as follows:
"1) work performed in Estonia on the basis of an employment contract or any other similar contract for the provision of services to another person which is of permanent nature, or in public service, or as an employee sent on assignment abroad;”.
§ 117. Repeal of § 73 of Code of Enforcement Procedure
Section 73 of the Code of Civil Procedure (RT I 1993, 49, 693; 2002, 83, 489; 84, 492; 110, 654; 2003, 13, 64; 20, 116; 23, 142; 146; 26, 156; 31, 195; 83, 556; 88, 591) is repealed.
§ 118. Repeal of § 26 of National Minorities Cultural Autonomy Act
Section 26 of the National Minorities Cultural Autonomy Act (RT I 1993, 71, 1001) is repealed.
§ 119. Amendment of Obligation to Leave and Prohibition on Entry Act
In subsection 12 (3) of the Obligation to Leave and Prohibition on Entry Act (RT I 1998, 98/99, 1575; 2001, 68, 407; 2002, 53, 336; 61, 375; 84, 492; 102, 599; 2003, 4, 21; 13, 65), the words “without active legal capacity” are substituted by the words “with restricted active legal capacity”.
§ 120. Amendment of Commercial Code
The Commercial Code (RT I 1995, 26-28, 355; 1998, 91-93, 1500; 1999, 10, 155; 23, 355; 24, 360; 57, 596; 102, 907; 2000, 29, 172; 49, 303; 55, 365; 57, 373; 2001, 34, 185; 56, 332 and 336; 89, 532; 93, 565; 2002, 3, 6; 35, 214; 53, 336; 61, 375; 63, 387; 388; 96, 564; 102, 600; 110, 657; 2003, 4, 19; 13, 64; 18, 100; 78, 523; 88, 591) is amended as follows:
1) section 1 is amended and worded as follows:
"§ 1. Undertaking
An undertaking is a natural person who offers goods or services for charge in his or her own name where the sale of goods or provision of services is his or her permanent activity, or a company provided by law.”;
2) the second and third sentences are omitted from subsection 3 (1);
3) subsection 5 (2) is amended and worded as follows:
"(2) Upon the transfer of ownership or possession of things and rights as a whole belonging to an enterprise or to an organisationally independent part thereof, the provisions of the Law of Obligations Act apply.”;
4) subsections 5 (3)-(8) and subsection 15 (3) are repealed;
5) subsection 19 (3) is amended and worded as follows:
"(3) A procuration shall not terminate upon the death of a sole proprietor.”;
6) the third sentence of subsection 149 (2) is amended and worded as follows:
“The provisions of the Law of Obligations Act concerning right of pre-emption apply to the right of pre-emption otherwise.”;
7) subsection 150 (3) is amended and worded as follows:
"(3) The notary who notarised the transfer of a share shall send a notarised copy of a contract for transfer of a share to the registrar of the commercial register within two days as of making the amendment specified in subsection (2) of this section.”;
8) the second sentence of subsection 168 (2) is amended and worded as follows:
“In such case, the shareholders shall be liable in the same manner as members of the management board or supervisory board.”;
9) section 187 is amended and worded as follows:
"§ 187. Liability of members of management board
(1) Members of the management board who cause damage to the private limited company by violation of their obligations shall be solidarily liable for compensation for the damage caused.
(2) A claim for payment of compensation to a private limited company for damage specified in subsection (1) of this section may also be submitted by an obligee of the private limited company if the assets of the private limited company are not sufficient to satisfy the claims of the obligee.
(3) An obligee has the right to submit a claim specified in subsection (2) of this section also if the private limited company has waived a claim against a member of the management board or has entered into a contract of compromise with such member.
(4) The limitation period for submission of claims against a member of the management board shall be five years.”;
10) in subsection 188 (1), the words “intentionally caused or caused due to gross negligence” are substituted by the words “wrongfully caused”;
11) the last sentence of subsection 229 (2) is amended and worded as follows:
“The provisions of the Law of Obligations Act concerning the right of pre-emption otherwise apply to the right of pre-emption and exercise thereof.”;
12) section 254 is amended and worded as follows:
"§ 254. Liability of founder
The provisions of § 37 of the General Part of the Civil Code Act (RT I 2002, 35, 216) apply to the liability of founder.”;
13) in subsection 289 (1), the words “intentionally caused or caused due to gross negligence” are substituted by the words “wrongfully caused”;
14) section 315 is amended and worded as follows:
"§ 315. Liability of members of management board
(1) Members of the management board who cause damage to the public limited company by violation of their obligations shall be solidarily liable for compensation for the damage caused.
(2) A claim for payment of compensation to a public limited company for damage specified in subsection (1) of this section may also be submitted by an obligee of the public limited company if the assets of the public limited company are not sufficient to satisfy the claims of the obligee.
(3) An obligee has the right to submit a claim specified in subsection (2) of this section also if the public limited company has waived a claim against a member of the management board or has entered into a contract of compromise with such member.
(4) The limitation period for submission of claims against a member of the management board shall be five years.”
§ 121. Amendment of Act Ratifying United Nations Convention On Contracts For The International Sale Of Goods
Section 2 of the Act Ratifying United Nations Convention On Contracts For The International Sale Of Goods (RT II 1993, 21/22, 52) is repealed. The Ministry of Foreign Affairs shall organise giving notice to the depositary of the convention of the withdrawal of the reservation.
§ 122. Amendment of Public Transport Act
The Public Transport Act (RT I 2000, 10, 58; 2001, 18, 85; 2002, 53, 336; 61, 375; 63, 387; 110, 654; 2003, 20, 116; 58, 387; 71, 471) is amended as follows:
1) subsection (4) is added to section 52 worded as follows:
"(4) The rights and obligations arising from a contract between a carrier and a passenger shall not be regulated by the general rules referred to in subsections (1)-(3) of this section.”;
2) subsection (4) is added to section 53 worded as follows:
"(4) The rights and obligations arising from a contract between a carrier and a passenger shall not be regulated by the general rules referred to in subsections (1)-(3) of this section.”
§ 123. Amendment of Universities Act
The Universities Act (RT I 1995, 12, 119; 2003, 33, 206; 58, 387) is amended as follows:
1) section 8 is amended and worded as follows:
"§ 8. Dissolution of university
(1) A university shall be dissolved by way of liquidation proceedings pursuant to the General Part of the Civil Code Act (RT I 2002, 35, 216).
(2) A university shall be dissolved if:
1) there is no need for it to continue its activities;
2) it is not possible to finance the university;
3) the standard of education does not meet the requirements.
(3) In the case specified in clause (2) 3) of this section, the standard of education shall be assessed prior to the dissolution by at least two evaluation committees having different compositions.
(4) The dissolution of a university shall be decided by the Riigikogu6 at the proposal of the Government of the Republic.”;
2) subsections 44 (4) and 47 (2) are repealed;
3) subsection (7) is added to section 48 worded as follows:
"(7) The provisions of this section do not restrict the passive legal capacity of a university.”
§ 124. Entry into force of Act
(1) This Act enters into force on 1 July 2002.
(2) Section 25 of this Act enters into force on the day following publication in the Riigi Teataja.
(3) The Government of the Republic shall organise the publication of the consolidated text of the Law of Obligations Act together with all amendments made thereto in the Riigi Teataja within two weeks after the entry into force of this Act.
1
RT = Riigi Teataja = State Gazette2
ENSV ÜVT = ENSV Ülemnõukogu ja Valitsuse Teataja = ESSR Supreme Council and Government Gazette3
ENSV Teataja = ESSR Gazette4
Eesti Vabariigi Teataja = Republic of Estonia Gazette5
Ametlikud Teadaanded = Official Notices6
Riigikogu = the parliament of Estonia