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However, strict liability rules shall be applied only for the pecuniary
damages. Indemnification of the moral damages is subject to negligence
or intention of the requesting party according to Article 49 pf the Code
of Obligations.
The venue and competent court regarding a legal action for damages
resulting from unjust preliminary injunction has been subjected to general
provisions of territorial and subject-matter jurisdiction rules. However,
this action shall be filed in the same court where the main lawsuit is
examined according to New CPC. This action is subject to lapse of time
of one year. The lapse of time shall run following the finalization of the
decision.
The party claiming the damages resulting from unjust preliminary
injunction may be redressed from the security deposit that the requesting
party had posted when it requested the preliminary injunction. As a result
of this fact, the security deposit may not be returned to the requesting
party until the decision for legal action to recover damages resulting from
unjust preliminary injunction is finalized even if the main lawsuit has
been finalized.
Conclusion
The legal action for recovering damages resulting from unjust
preliminary injunction is a way to protect the rights of the restrained party
or third parties which shall incur some damages resulting from an unjust
preliminary injunction. This action is highly common in practice.