Administrative, Procedural, and Enforcement Law
Course code
AKJ6297.YK
old course code
Course title in Estonian
Haldus-, menetlus- ja täiteõigus
Course title in English
Administrative, Procedural, and Enforcement Law
ECTS credits
6.0
Assessment form
Examination
lecturer of 2023/2024 Spring semester
Meelis Eerik (language of instruction:English)
lecturer of 2024/2025 Autumn semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
Course aims
- The general objective of the course is to give a comprehensive overview of legal theory in respect of court procedure, overview of the procedural systems and in particular civil, criminal, administrative and misdemeanor procedure;
- Also discussed is the nature and elements of executive procedure and the role of the bailiff in execution;
- the main principles of executive procedure;
- a general comparative overview of the executive procedures in different countries and the main documentation required;
- to be able to distinguish between movable and immovable property (including ships) and the enforcement of claims and obligations in several countries;
- to gain digital competence through using legal databases to research enforcement orders and judgments and learn how to enter enforcement orders and other legal filings with court officials digitally.
- Also discussed is the nature and elements of executive procedure and the role of the bailiff in execution;
- the main principles of executive procedure;
- a general comparative overview of the executive procedures in different countries and the main documentation required;
- to be able to distinguish between movable and immovable property (including ships) and the enforcement of claims and obligations in several countries;
- to gain digital competence through using legal databases to research enforcement orders and judgments and learn how to enter enforcement orders and other legal filings with court officials digitally.
Brief description of the course
The course will give an overview of procedural theory, specification of the court procedure, general prospect of court procedure and its alternatives, as well as a general concept of evidence and appeal procedure.
The course will also discuss the general principles of executive procedure and a comparative study of executive procedure in different countries: the general procedure for enforcement; executive instruments; participants in executive procedure; prerequisites for execution of executive instruments; general conditions for executive procedure; rights of bailiffs and participants in executive procedure; postponement of enforcement action, suspension and termination of executive procedure; executive procedure in case of financial claims; general provisions for making claims for payment and property; making claim for payment on movables; making claim for payment on proprietary rights; making claim for payment immovable; recovery of assets of debtor; specifications for enforcement of decisions, judgments and rulings in misdemeanor and criminal matters; appeals and actions in executive procedure.
And the course will conclude with a discussion of general principles and legislation involved in cross-border enforcement procedure.
In this course, students will gain digital competence by learning to research enforcement orders and judgments in legal databases, and will learn how to to enter legal filings with courts and enforcement authorities digitally.
The course will also discuss the general principles of executive procedure and a comparative study of executive procedure in different countries: the general procedure for enforcement; executive instruments; participants in executive procedure; prerequisites for execution of executive instruments; general conditions for executive procedure; rights of bailiffs and participants in executive procedure; postponement of enforcement action, suspension and termination of executive procedure; executive procedure in case of financial claims; general provisions for making claims for payment and property; making claim for payment on movables; making claim for payment on proprietary rights; making claim for payment immovable; recovery of assets of debtor; specifications for enforcement of decisions, judgments and rulings in misdemeanor and criminal matters; appeals and actions in executive procedure.
And the course will conclude with a discussion of general principles and legislation involved in cross-border enforcement procedure.
In this course, students will gain digital competence by learning to research enforcement orders and judgments in legal databases, and will learn how to to enter legal filings with courts and enforcement authorities digitally.
Learning outcomes in the course
Upon completing the course the student:
- is aware the principle of procedural law including concept of evidence;
- has knowledge of legal theories concerning procedural law;
- is able to point out current procedural issues of respective country and is capable of solving the issue in accordance with the theoretical point of view;
- is able to explain the nature and elements of executive procedure and the role of bailiff;
- understands the basic principles of executive procedure;
- has a comparative overview of executive procedure in different countries and main rights and obligations of officials and parties of proceeding;
- knows the main documentation required for execution, the manner and proper procedure of execution and the role, responsibility and legal protections afforded to those who are carrying out executive procedure;
- is able to distinguish between enforcement procedures for movable and immovable property and execution of claims and obligations;
- is able to research enforcement orders and judgments using legal databases and will be able to enter legal filings with courts and enforcement authorities digitally.
- is aware the principle of procedural law including concept of evidence;
- has knowledge of legal theories concerning procedural law;
- is able to point out current procedural issues of respective country and is capable of solving the issue in accordance with the theoretical point of view;
- is able to explain the nature and elements of executive procedure and the role of bailiff;
- understands the basic principles of executive procedure;
- has a comparative overview of executive procedure in different countries and main rights and obligations of officials and parties of proceeding;
- knows the main documentation required for execution, the manner and proper procedure of execution and the role, responsibility and legal protections afforded to those who are carrying out executive procedure;
- is able to distinguish between enforcement procedures for movable and immovable property and execution of claims and obligations;
- is able to research enforcement orders and judgments using legal databases and will be able to enter legal filings with courts and enforcement authorities digitally.
Teacher
Meelis Eerik, Haldi Koit, Aare Kruuser
Study programmes containing that course