Summary

The registration of a judicial mortgage that has been set in the process of guaranteeing an action has created problems on occasion in practice, where the law does not provide unambiguous solutions. The article constructs an example of such a case. In the course of solving this case, the author seeks an answer to the question as to whether a registration procedure is a court procedure or actually an administrative procedure; is the Land Register Act a constitutional law; what is the relationship between the Code of Civil Procedure, the Land Register Act and the Law of Property Act; when does the court regulation enter into force, and how does the performance take place of the regulation that guarantees the action. There is a separate analysis of the principle of application as recognised in the registration procedure, and the exception regarding this – making an entry into the register as part of an official task. There is also discussion as to who can be the submitter of an registration application, and how the submission of a registration application should take place for an entry on the basis of a court decision. Although the discussion is Estonia-centred, there are numerous parallels drawn between the legal systems of Estonia and Germany, and Switzerland.