Summary

Pursuant to the Code of Enforcement Procedure, a bailiff may under certain conditions, sell the property of the debtor by an electronic auction. A number of bailiffs have used the possibility via the port www.osta.ee. The author examines whether the Code of Enforcement Procedure in force permits electronic auctions in the context of compulsory execution and explores the requirements for carrying out such auctions. The advantages of Internet auctions in comparison with traditional actions are outlined. In her analysis, the author looks at both the law in force, the respective provisions of the new draft Code of Enforcement Procedure and the rules of www.osta.ee. The author maintains that although neither the Code in force nor the draft Code contain detailed provisions regarding electronic auctions, both the Codes provide for principles ensuring the protection of the interests of parties to a proceeding, which are to be followed regardless of a given manner of sale. An extremely detailed regulation of electronic auctions may become an obstacle to the procedure in the light of new technological developments.