Ruling on non-compete clause in an employment contract
December 2003According to the Estonian Act of Employment Contract, it is required that if the parties agree on imposing confidentiality obligation and/or competition prohibition for certain period after the expiry of the contract, the payment of a compensation for performing such an obligation is required. Imposing of confidentiality obligation and/or competition prohibition for the validity period of the employment contract does not require the payment of any special compensation. Read more
Term for exercise of pre-emptive rights
October 2003Exercise of pre-emptive rights is limited in time. ยง 250 of the Law of Obligations Act provides for the time limits, which shall be adhered to unless the law provides a different term or the parties have agreed otherwise. According to the general rule stipulated in the said paragraph, the term for exercise of the right of pre-emption is 2 weeks and in the case of immovables 2 months. The term starts running from the receipt of the transfer notice. Read more
Re-registration of religious associations
October 2003On 1 July 2002, a new Churches and Congregations Act (CCA or new Act) took effect replacing the Churches and Congregations Act passed on 20 May 1993. As one of the most important requirements, the new Act provided for a re-registration obligation to all religious associations registered before 1 July 2002. The purpose of that provision is to transfer the register of churches and congregations from the administrative area of the executive power (Ministry of Internal Affairs of the Republic of Estonia) to the jurisdiction of court. Read more
New Bankruptcy Act eases debtors' woes
March 2003Parliament has ratified the new Bankruptcy Act, which was introduced in order to harmonize the regulation of bankruptcy law with recent private law reforms. The new act increases supervision of bankruptcy trustees, accommodates differences in bankruptcy proceedings involving individuals and amends the ranking of claims. Read more
Regulation of pledges to impact on credit institutions
February 2003Parliament (the Riigikogu) recently adopted an act amending the Law of Property Act. The new act will enter into force on July 1 2003. The amendments concerning pledges will affect the workings of banks and other credit institutions. Read more
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