Executive Procedure
Course code
AKJ6227.YK
old course code
AKJ6227
Course title in Estonian
Täitemenetlus
Course title in English
Executive Procedure
ECTS credits
4.0
Assessment form
Examination
lecturer of 2023/2024 Spring semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
lecturer of 2024/2025 Autumn semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
Course aims
Students will learn:
¤ 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.
¤ 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.
Brief description of the course
1. General principles of executive procedure.
2. 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 misdemeanour and criminal matters; appeals and actions in executive procedure.
3. General principles and legislation of cross-border enforcement procedure.
2. 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 misdemeanour and criminal matters; appeals and actions in executive procedure.
3. General principles and legislation of cross-border enforcement procedure.
Learning outcomes in the course
Upon completing the course the student:
- is able to explain the nature and elements of executive procedure and the role of bailiff;
- understands the basic principles of executive procedure;
- has 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 explain the nature and elements of executive procedure and the role of bailiff;
- understands the basic principles of executive procedure;
- has 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.
Teacher
Aare Kruuser; Haldi Mäesalu
Study programmes containing that course