Täitmisõigus

Täitmisõigus, often translated as enforcement law or the law of execution, is a branch of procedural law in Estonia that governs the enforcement of court decisions and other enforceable documents. Its primary purpose is to ensure that legally binding judgments are effectively implemented and that the rights of creditors are satisfied. This area of law outlines the procedures and mechanisms through which a successful party in a legal dispute can compel the unsuccessful party to comply with the court's ruling.

The core of täitmisõigus lies in the enforcement proceedings, which are initiated by a creditor filing an application with an enforcement agent. Enforcement agents, who are sworn public officials, are responsible for carrying out the enforcement actions. These actions can include a variety of measures aimed at obtaining the owed sum or compelling specific behavior. Common enforcement measures include seizing and selling the debtor's movable or immovable property, garnishing wages or bank accounts, or imposing other restrictions on the debtor's assets and activities.

The process is strictly regulated by law, aiming to balance the creditor's right to satisfaction with the debtor's fundamental rights and the principle of proportionality. The law specifies the grounds for initiating enforcement, the powers of enforcement agents, the rights and obligations of both creditors and debtors, and the avenues for appealing enforcement actions. Täitmisõigus plays a crucial role in maintaining the rule of law by providing a necessary mechanism to give practical effect to judicial decisions and to uphold legal certainty.