Abieluvararegistri seadus (AVRS)

§ 1. Marital property register

(1) Marital property register is a state register for the registration of proprietary rights contained in marital property contracts and registered partnership contracts and details of other proprietary rights in the cases provided by law. The purpose of the marital property register is to enable third parties to obtain information about the proprietary relationship between spouses or registered partners and the rights and obligations arising therefrom. If the marital property register contains no data about spouses, it is presumed that the provisions on the proprietary relationship of jointness of property apply to the proprietary relations of spouses.

(1¹) The marital property register is maintained electronically.

(2) The procedure for maintenance of the marital property register and processing of data shall be established by a regulation of the minister in charge of the policy sector.

(3) The provisions of the Public Information Act concerning databases apply to the marital property register and the maintenance thereof with the specifications provided for in this Act.

§ 2. Controller and processors of and persons submitting data to marital property register

(1¹) The controller of the marital property register is the Chamber of Notaries and the processors are vital statistics officials, notaries and the Centre of Registers and Information Systems who have confirmed the contraction of marriage or performed data acquisition from marriage registration on paper in the case of a marriage confirmed by a minister of religion. The marital property register is developed, maintained and hosted by the Centre of Registers and Information Systems. The persons submitting data to the marital property register are vital statistics officials who have confirmed the contraction of marriage, persons performing the functions of a vital statistics office and court officials.

(1²) The controller shall:

1) be responsible for maintenance of the marital property register and for legality and expediency of issue of the data;

2) conduct supervision over the processors upon use of the register;

3) make entries in the marital property register in the cases provided by law;

4) organise the entry of data which have failed to be entered in the register or the correction of incorrect data discovered;

5) take and regularly implement organisational, physical and information technology security measures in compliance with the security requirements of the register to ensure availability, integrity and confidentiality of the data;

6) organise, in cooperation with the Centre of Registers and Information Systems, preservation of the data entered in the register in accordance with the established requirements and for this purpose the making of back-up copies and implementation of other organisational, physical and information technology measures;

7) ensure, in cooperation with the Centre of Registers and Information Systems, smooth operation of the marital property register;

8) ensure entry, amendment and deletion of registry data and access to registry data only to the entitled persons;

9) present statistics about the registry data to the Ministry of Justice and Digital Affairs if necessary.

(1³) The processor shall:

1) ensure entry, amendment and deletion of data in the marital property register;

2) allow access to the data only to the entitled persons;

3) be responsible for the correctness of the data entered in the marital property register by the authorised processor itself or by authorised persons;

4) upon discovering deficiencies in the data of the marital property register, notify the Centre of Registers and Information Systems thereof immediately, unless the authorised processor can eliminate the deficiency independently;

5) take and regularly implement organisational, physical and information technology security measures in compliance with the security requirements of the information system to ensure availability, integrity and confidentiality of the data.

(1⁴) The Centre of Registers and Information Systems shall act within the limits of its competence in accordance with the orders of the Chamber of Notaries. All modifications and changes within the system are subject to be approved by the Chamber of Notaries. The Centre of Registers and Information Systems is competent to:

1) solve any issues related to software and hardware;

2) organise information technology data security, organisational data security within the centre and to issue corresponding recommendations and information;

3) modify the operating instructions and keep them up-to-date;

4) test software upgrades;

5) ensure data communications and the functioning of the system in accordance with the requirements established by the Chamber of Notaries;

6) organise user support;

7) to order software developments and changes in the marital property register or make these itself when ordered by the Chamber of Notaries;

8) evaluate risks upon transfer of computer programmes;

9) inform the Chamber of Notaries about matters associated with the marital property register;

10) perform data processing functions when ordered by the Chamber of Notaries.

§ 6. Access to information contained in marital property register

(1) Everyone can access the information entered on a registry card of the marital property register and obtain printouts thereof. In order to access the information entered on a registry card of the marital property register, persons shall identify themselves by digital identity cards. A person who is entered on a registry card of the marital property register has the right to obtain information from the register about who accessed his or her registry card of the marital property register.

(2) The documents of the marital property register can be accessed and printouts of these can be obtained upon the existence of a legitimate interest. The legitimate interest of a spouse, registered partner, notaries, vital statistics officials, enforcement agents, trustees in bankruptcy, courts and authorities which have supervisory authority is presumed.

(3) A permission to access a registry file is granted by a notary. If a notary refuses to grant a permission to access a registry file, § 41 of the Notaries Act is applied.

(5) The data and documents entered in the marital property register can be accessed at the notary's office for the fee provided in the Notary Fees Act. The data in the marital property register can be accessed on the corresponding website free of charge.

(6) The data entered in the marital property register are disclosed so that they are updated and in the manner and format which enable to download the information obtained on the basis of a single inquiry in machine-readable format. Automated enquiries may be opened only for the performance of public law functions arising from law.

§ 7. Legal effect of entry

(4) Entries are not related to the creation, changing and extinction of the proprietary rights provided by law in the relations between spouses or registered partners.

§ 8. Working language

(1) The marital property register is maintained in Estonian.

(2) Documents which are not in Estonian shall be submitted to a vital statistics official or a person performing the functions of a vital statistics office together with the Estonian translation made by a sworn translator.

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§ 10. Composition of register

The marital property register comprises electronic archives and the data entered on the registry card.

§ 11. Registry card

(1) Entries are made on registry cards.

(2) Registry cards have unique numeration. Each registry card is given a consecutive number according to the temporal order of opening it.

(3) Only one registry card may be opened about the proprietary rights of spouses or registered partners.

§ 16. Archives of marital property register

(1) The data entered in the marital property register, marital property contracts, registered partnership contracts, court decisions and other documents which are the basis for entries are preserved electronically indefinitely.

§ 17. Entries on registry card

(2) The following information is entered on a registry card:

1) registry card number;

2) given names and surnames of spouses;

3) personal identification codes of both spouses or, in the absence thereof, dates of birth;

4) consecutive entry number;

5) in the cases provided by law, the type of proprietary relationship, alteration or termination of proprietary relationship as well as objects or certain types of objects, which are declared to be joint property or separate property by a marital property contract;

6) application of foreign or Estonian law to the proprietary rights of spouses;

7) basis for entry, date of entry, the name and title of the person who has made the entry and notations;

8) other information provided by law.

(2¹) The information provided in subsection 2 of this section is also entered on a register card in respect of registered partners who have entered into a registered partnership contract. Information on the type of proprietary relationship is entered on the register card even if the proprietary relationship of the registered partners is jointness of property.

§ 19. Entries in marital property register

(1) Entries in the marital property register shall be made by notaries or vital statistics officials. In the case provided in subsection 2¹ of this section, entries shall be made by the Chamber of Notaries. Entries shall be made together with the official procedure of the notary or vital statistics official no later than on the working day following the date of performing the procedure which serves as a basis for the entry.

(1¹) A notary makes an entry on the basis of a marital property contract about any changes made in the proprietary relationship on the basis of the marital property contract. If a marital property contract is entered into at the notary’s office before contracting marriage, the entry in the marital property register about the marital property contract enters into force after the making of the marriage entry in the population register. A notary makes an entry about the proprietary agreement related to a registered partnership contract on the basis of the registered partnership contract or the agreement specified in subsection 2 of § 16 of the Registered Partnership Act.

(2¹) The Chamber of Notaries shall make an entry in the marital property register if:

1) the entry is based on a court decision that has entered into force;

2) an incorrect entry is being corrected;

3) a processor has erroneously failed to open a registry card and the processor itself cannot open a registry card.

(2²) The provisions of § 7 of the Vital Statistics Registration Act together with the specifications provided by this Act apply to entries in the marital property register made by vital statistics officials.

§ 21. Documents necessary for making entries

(1) Upon making entries in the marital property register the following documents shall be added to the marital property register:

1) the marital property contract or registered partnership contract;

1¹) the application for marriage;

2) a transcript of a court decision that has entered into force if the making of an entry is applied for on the basis of a court decision;

4) a transcript of a document or court decision concerning the death of the spouse or registered partner if an entry is being deleted due to termination of marriage or a registered partnership contract, and a transcript of a document or court decision concerning the divorce or termination of a registered partnership contract if an entry is being deleted due to divorce or termination of a registered partnership contract;

6) other documents provided by law;

(2¹) If a vital statistics official or a person performing the functions of a vital statistics office has electronic access to the register, where the existence of the information specified in clauses 2 and 4 of subsection 1 of this section can be verified, the transcripts or extracts of these need not be appended to the application for entry.

(3) The application of foreign law to the proprietary rights of spouses or registered partners shall be entered in the marital property register on the basis of documents certifying that the application of foreign law is permitted pursuant to subsections 1 and 4 of § 58 of the Private International Law Act. It shall be indicated in the entry which state’s law is applicable to the proprietary rights of the spouses or registered partners.

(5) Entries shall be corrected pursuant to the procedure provided for in § 37 of this Act.

§ 27. Making of entry

(1) Registry card entries are numbered in the order they are made.

(2) The text of an entry shall be legible and unambiguous. Only common abbreviations shall be used in entries.

(3) Information identifying the person who made an entry shall be appended to the entry.

§ 32. Amendment or deletion of entry

(3) An entry is amended by deletion of the current entry and making of a new entry. The new entry which replaces the current entry acquires the ranking of the current entry.

(4) A deletion entry is made in order to delete an entry.

(5) Reproduction of an amended or deleted entry shall be possible.

§ 34. Closure of registry cards

(3) If there are no valid entries on a registry card, a notation concerning its closure is made thereon. The basis and date of the closure as well as the name and official title of the person who made the notation are indicated in the closure notation.

(3¹) A registry card is always closed if a vital statistics official or a person performing the functions of a vital statistics office learns about the fact of termination of marriage or a registered partnership contract.

(3²) If technically possible, registry cards are closed automatically. The provisions of subsection 4 of § 597 of the Code of Civil Procedure shall not apply.

(4) Reproduction of a closed registry card shall be possible.

§ 35. Making of printouts and issue of certificates

(1) Printouts are made of data in the marital property register in accordance with § 6 of this Act.

(2) A printout contains all valid entries on the registry card. A printout contains a deleted entry if this has been applied for or if this is needed in order to understand another entry.

(3¹) If no entry is made in the marital property register about spouses, a notary shall, at the request of a person, issue a certificate that the proprietary relationship of jointness of property applies to the proprietary relations of spouses.

(4) At the request of a person, a vital statistics official or a person performing the functions of a vital statistics office issues a certificate that an entry has not been amended or that an entry or the following entries are not in the register.

§ 36¹. Fees for registry entries and procedure for payment for issue of data

(1) The notary fee is payable pursuant to the procedure provided by the Notary Fees Act for the making, amendment and deletion of entries in the marital property register.

(2) No fee is charged if an entry is made in the marital property register in accordance with an application for marriage on the basis of an application for entry submitted by a vital statistics office or notary or if an unjustified or incorrect entry is being corrected.

(3) The notary fee is payable pursuant to the procedure provided by the Notary Fees Act for the issue of printouts and transcripts of documents and data of the marital property register at the notary's office.

(4) State authorities, rural municipality and city governments and enforcement agents are exempt from payment of the fee for the issue of transcripts of registry documents required for the performance of duties within their competence.

§ 37. Correction of entry

(8) An entry is corrected if it:

1) has been made incorrectly;

2) has become incorrect due to a change in the personal data of a person entered in the marital property register.

(9) An incorrect entry is corrected by the Chamber of Notaries on its own initiative or on the basis of an application of an interested person.

(9¹) The Chamber of Notaries opens a registry card on its own initiative or on the basis of an application of an interested person if a processor has failed to open a registry card and the processor itself cannot open it.

(11) In the case of changes in the personal data entered in the marital property register the Chamber of Notaries corrects the entry on the basis of the information contained in the database where the information is entered as basic data within the meaning of the Public Information Act.

(12) Upon a change in such personal data which are not entered in an Estonian database as basic data the Chamber of Notaries corrects the entry on the basis of the corresponding notice and a certified extract from the corresponding register or other reliable certificate.

(13) A document issued by a foreign state shall be legalised or authenticated by a certificate replacing legalisation (apostille), unless otherwise provided by an international agreement.

(14) Spelling mistakes which have no legal effect and other obvious mistakes are corrected by the Chamber of Notaries.

(15) If the technical potential exists, an entry specified in subsection 11 of this section is corrected automatically.

§ 38. Manner of correction of entries

(5) An entry is corrected by deletion of the current entry and making of a new entry. The new entry shall indicate that it replaces the former entry.

(6) The new entry which replaces the current entry acquires the ranking of the current entry.

§ 38¹

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§ 41. Entry into force of Act

This Act enters into force on 1 September 1996.

§ 42³. Processing of applications for entry

An application for entry submitted before 1 January 2013 concerning which no entry has been made in the marital property register or no ruling on entry has been made by 1 January 2013 is reviewed within 14 days after entry into force of this Act.

§ 42⁴. Processing of applications for entry upon transfer of marital property register

An application for entry submitted before 1 March 2018 concerning which no entry has been made in the marital property register or no ruling on entry has been made by 1 March 2018 is reviewed by the land registry department, which makes an entry about it pursuant to the procedure hitherto in force within 14 days after the day of receipt of the application.

§ 42⁵. Transfer of maintenance of marital property register

The Ministry of Justice transfers the marital property register to the Chamber of Notaries in the automated procedure.

§ 42⁶. Liability of state

The state is liable for damage arising from entries made on the basis of applications for entry submitted before transfer of the marital property register and relating to transfer of registrar of the marital property register if such damage arises from errors in maintenance of the marital property register, in automated data processing or in the data processing equipment.

§ 44

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§ 45

[Omitted from this text.]