298 / 521
Innovations Brought to the Preliminary Injunction by the Code
of Civil Procedure
*
Att. Alper Uzun
Introduction
As is known, a preliminary injunction is a provisional legal pro-
tection, aimed at the prevention of damages to a party in a dispute prior
to the final determination of the merits of the legal case. The Code of
Civil Procedure (“CCP”) No. 6100, which entered into force on 1st of
October 2011, provides innovations to the preliminary injunction.
These innovations concern jurisdiction to impose a preliminary injunc-
tion and possible legal remedies against such decisions. In line with
these innovations, other changes are provided in order to resolve prob-
lems and disambiguate some of the clauses regarding the preliminary
injunction.
The Approach of the CCP to Provisional Legal Protections
It is observed that the notion of “provisional legal protection” is
important in the CCP and that it is the first appearance of this notion in
the code, although it is used frequently among legal scholars. Yet,
Section 10 of the CCP is entitled “Provisional Legal Protections” and
preliminary injunctions are addressed in Article No. 389 et seq. in this
Section.
The legal justification of the CCP states that provisional protec-
tions are very important and some specific regulations are provided for
this purpose, as final legal protection may require prolonged and
detailed examination. It is emphasized that the State shall not only reg-
ulate and uphold the right to appeal legal remedies or the methods of
legal protection, but it also has an obligation to assure the efficiency
282
NEWSLETTER 2014
*
Article of February 2014