täitmisõiguse

Täitmisõigus, often translated as enforcement law or executive law, is a branch of Estonian law that governs the process of enforcing court judgments and other enforceable documents. Its primary purpose is to ensure that legally binding decisions are effectively implemented and that parties have recourse when obligations are not voluntarily met. This area of law dictates the procedures and powers available to bailiffs and other authorized officials to compel debtors to fulfill their court-ordered or legally recognized duties.

The scope of täitmisõigus covers a wide range of situations, including the recovery of debts, the eviction of tenants, the seizure and sale of assets, and the enforcement of non-pecuniary obligations. It outlines the rights and responsibilities of both the creditor, who seeks enforcement, and the debtor, who is subject to it. Key elements include the initiation of enforcement proceedings, the types of enforcement measures that can be employed, and the legal protections available to debtors against unlawful or excessive enforcement actions.

The execution of judgments is typically carried out by bailiffs (täitevametnikud), who are public officials authorized to act in this capacity. They have the power to investigate a debtor's financial situation, identify assets, and take measures to satisfy the creditor's claim. The legal framework surrounding täitmisõigus aims to strike a balance between the creditor's right to have their judgment enforced and the debtor's right to due process and protection from undue hardship. The specific rules and procedures are detailed in the Law of Enforcement Procedure (Täitemenetluse seadus).