29 December 2017 the publication of the second part of the Commented Edition of the Code of Civil Procedure was published.
The second volume of the commentaries on the Code of Civil Procedure covers important topics, such as the filing of actions and the general procedure for hearing actions in county courts, as well as the securing of actions, relevant court decisions, the service of documents, etc.
The work discusses the main issues related to the hearing of actions by county courts, except jurisdiction, costs and evidence, which were treated thoroughly in the first book. As was the case in the first volume, the second part provides commentaries on the Code of Civil Procedure itself as well as its relations to other legal acts. It examines further the EU legislation regarding civil procedures and its relationship to the Estonian laws.
The authors analyse the relevant domestic legal literature, laws and a remarkably large body of case-law at least at the level of the Supreme Court. The Code of Civil Procedure is compared with the laws of other countries and the Estonian legal acts in force before 2006, which facilitates searches for the sources of different provisions. The commentaries are accompanied by lists of references to relevant literature, legal acts and case-law.
The authors of the book are top professionals in their field. The co-authors also include NOVE partner Arsi Pavelts and NOVE lawyer Heili Püümann. Arsi Pavelts participated in the drafting of the commentaries on section 365 “Additional claims concerning setting of term and compensation for damage” and section 391 “Compensation for damage caused by securing of action” (together with Iko Nõmm), section 392 “Aims of pre-trial proceedings” (together with Indrek Parrest), and section 442 “Content of judgment” (together with Andra Pärsimägi). Heili Püümann participated in the drafting of the commentaries on section 366 “Action for compensation for non-proprietary damage” and section 367 “Claim for penalty for late payment as collateral claim” (together with Iko Nõmm).
The press release regarding the first part of the commentaries on the Code of Civil Procedure is available here.