Kohalevõtmine

Kohalevõtmine, often translated as "taking possession" or "seizure" in English legal contexts, refers to the act of physically taking control of something. In Estonian law, this concept is particularly relevant in civil proceedings, especially concerning enforcement procedures. It signifies the point at which an enforcement officer or other authorized individual gains direct physical custody of an asset that is subject to a legal claim or debt.

This process is typically initiated when a creditor seeks to recover a debt or enforce a court judgment. Once a court order or other enforceable document is issued, an enforcement officer may proceed to locate and physically seize movable property belonging to the debtor. This property is then held by the enforcement officer, often under secure conditions, to prevent its disposal. The purpose of kohalevõtmine is to secure the asset as a means to satisfy the creditor's claim, usually through subsequent auction or sale. The specific procedures and limitations surrounding kohalevõtmine are detailed in the Estonian Enforcement Procedure Act. This act outlines what types of property can be seized, the rights and obligations of both the debtor and the creditor, and the steps involved in the seizure and subsequent sale of the assets. It is a crucial mechanism for ensuring that legal judgments can be effectively enforced.