kohtuvaidluse

Kohtuvaidlus is an Estonian term meaning “court dispute” and denotes civil litigation conducted in a court of law to resolve a dispute between private individuals, companies, or public authorities. It covers disputes arising from contracts, torts, property, and other non-criminal issues, as well as certain family matters that fall under the court system.

Initiation and process: A party begins by filing a claim with the court. The other party is served with papers and given an opportunity to respond. The case then proceeds through pleadings, evidence gathering, and hearings, culminating in a court judgment. In most civil proceedings, the standard of proof is a balance of probabilities, though rules vary by jurisdiction. Some cases may be resolved earlier through pre-trial motions or summary judgments.

Types of disputes: Kohtuvaidlus encompasses a range of civil matters, including breach of contract, negligence and other tort claims, property disputes, intellectual property matters, and certain private-law issues. It can also address family law issues that are resolved in court rather than through private arbitration.

Costs and remedies: The court may award damages, injunctions, or declaratory relief, among other remedies. The losing party is often required to pay court costs and, in some systems, the prevailing party’s legal fees. Judgments are enforceable through standard enforcement mechanisms if not complied with voluntarily.

Alternative dispute resolution: Many disputes are settled before or during litigation through mediation or arbitration. ADR can reduce time, cost, and uncertainty, and courts frequently encourage or require ADR steps where appropriate.

Appeal and enforcement: Most systems permit limited appeal rights on points of law or procedure, and successful enforcement may involve additional court orders to ensure compliance.