Appeals

§ 73. Appeals against judgment of judge

(1)

An interested person may file an appeal against a judgment of a judge which denies a petition for an entry or satisfies a petition for an entry in part with a circuit court within two months after the judgment is signed.

(06.06.2001 entered into force 07.07.2001 - RT I 2001, 56, 336)

(11)

An appeal against a judgment of a judge made on the basis of subsections 54 (5) or (6) or §§ 60 or 61 of this Code may be filed pursuant to § 250 of the Code of Civil Procedure. Publication of the judgment in the official publication Ametlikud Teadaanded or in the public computer network shall be considered as making the judgment public.

(06.06.2001 entered into force 07.07.2001 - RT I 2001, 56, 336)

(2)

An appeal shall be filed through the registration department which is required to pass it to the circuit court upon expiry of the term for appeal.

(3)

The circuit court shall hear the appeal pursuant to the appellate procedure provided for in the Code of Civil Procedure (RT I 1993, 31/32, 538; 1994, 1, 5).

(22.03.2000 entered into force 17.04.2000 - RT I 2000, 29, 172)

§ 731. Objection to judgment of assistant judge

(1)

An interested person may file an objection to a judgment of an assistant judge which denies a petition for an entry or satisfies a petition for an entry in part with a circuit court within two months after the judgment is signed. An objection shall be reviewed within fifteen days by the assistant judge who made the judgment. If an assistant judge satisfies an objection he or she shall make a new judgment.

(17.06.98 entered into force 10.07.98 - RT I 1998, 59, 941; 06.06.2001 entered into force 07.07.2001 - RT I 2001, 56, 336)

(2)

If an assistant judge does not satisfy an objection or satisfies an objection partially, he or she shall submit the objection to a judge for review. A judge shall review an objection pursuant to the procedure and during the term provided for in § 53 of this Code. A judgment of a judge may be appealed pursuant to the procedure provided for in § 73 of this Code.

(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)

(3)

An objection shall set out:

1)

the name, residence or seat, address and telecommunications number of the person filing the objection;

2)

the name of the registration department of the court and name of the assistant judge whose judgment is being objected to;

3)

the registry matter number of the judgment on entry;

4)

whether the objection is filed with regard to the whole judgment or a part thereof (set out what part) and what amendments are requested by the person filing the objection;

5)

in what regard the judgment is incorrect in the opinion of the person filing the objection;

6)

the signature of the person filing the objection or the persons representative.

(17.06.98 entered into force 10.07.98 - RT I 1998, 59, 941)

(4)

If an objection is signed by a representative, an authorisation document shall be appended to the objection.

(17.06.98 entered into force 10.07.98 - RT I 1998, 59, 941)

(5)

Restoration of a term cannot be applied for by an objection.

(06.06.2001 entered into force 07.07.2001 - RT I 2001, 56, 336)

§ 732. Objection to ruling of assistant judge

(1)

An undertaking or the founder of a company being founded may file an objection to a ruling of an assistant judge made on the basis of §§ 52 or 54 of this Code within fifteen days after the ruling is signed. The objection shall be reviewed within fifteen days by the assistant judge who made the ruling. If the assistant judge satisfies the objection, he or she shall annul the ruling.

(2)

If an assistant judge does not satisfy an objection or satisfies an objection partially, he or she shall submit the objection to a judge for review. The judge shall review the objection within fifteen days as of the receipt of the objection. The judge may, by a ruling, annul the ruling of the assistant judge partially or in full, amend or uphold the ruling of the assistant judge.

(3)

Appeals shall not be filed against rulings of judges.

(4)

If a judgment has been made in a registry matter, the registrar shall refuse to accept an objection filed against a ruling made in the same matter for proceedings and shall return the objection. If a judgment is made while proceedings are conducted regarding an objection, proceedings shall be terminated and the objection shall be returned.

(5)

Subsections 731 (3) and (4) apply to the contents of objections.

(06.06.2001 entered into force 07.07.2001 - RT I 2001, 56, 336)

§ 74. Complaints against employees of registration department

(1)

A complaint against the activities of an employee of a registration department may be filed with the head of the registration department by an interested person within one month after becoming aware of the complainable activity.

(2)

The head of the registration department shall decide on the complaint within ten days after its submission. The decision shall be promptly communicated to the complainant.

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