The granting of interim relief pursuant to Chapter 40 of the Code of Civil Procedure is an important procedural institution for the effective realisation of the right of recourse to the courts as established in subsection 15 (1) of the Constitution of the Republic of Estonia. The right of appeal ensures not only access to a court but the opportunity for individuals to assert their rights in a court proceeding. The purpose of imposing the measure of interim relief is to ensure that during the enforcement of the judgment the defendant has the object or the sum of money needed to satisfy the claimant’s claim.
At the same time, when emphasising the protection of the creditor, sight must not be lost of offering adequate protection of the other party, i.e., the debtor, whose rights must, for the purpose of satisfying the creditor’s possible claim, be limited in the case of interim relief. With a view to balancing the interests of the parties to the dispute, the legislator has provided for the obligation of the party who is seeking interim relief to compensate the other party for the damage caused by the enforcement of the action, if the presumptions set out in subsection 391 (1) of the Code of Civil Procedure are satisfied. This places the risk of the interim relief on the claimant, who must bear the risk of the possible unjustified implementation of the interim relief, which accompanies the imposing of restrictions or obligations on the defendant before the final decision is delivered.
