301 / 521
The Decision to grant an Injunction
Following the request, the court may grant any type of injunction
that would remove the inconvenience or prevent the damage, such as
maintenance or sequestration of a right or good, or doing or undoing
something. In the legal justification of the CCP, it is emphasized that a
decision, which would by its nature resolve the main dispute, shall not
be rendered as a preliminary injunction.
There was no explicit term for the execution of a preliminary
injunction in the abolished Law No. 1086. However, pursuant to
Article No. 393 CCP, once granted, the orders for a preliminary injunc-
tion must be executed within one week as of the date of its rendering.
Otherwise, even if the action was filed within the prescribed time, the
decision on injunction is rescinded by itself.
The Legal Remedies and Objections against the Decision to
grant an Injunction
One of the most important innovations brought by the CCP is in
Article No. 394, which addresses objections to the granting of an
injunction and the legal remedies attached to such an objection. The
other party may object to the conditions of the preliminary objection,
or to the venue of the court or to the guarantee at the same court that
rendered the decision. The objection must be submitted within one
week, as of the date of the injunction executed, if the parties attended
the execution. If the parties did not attend the execution of the injunc-
tion, then the objection can be made within one week, as of date of
notice of the execution notes, to the relevant parties. Similarly, third
persons, whose interests are explicitly violated, may also object to the
conditions of the injunction and to the guarantee, within one week as
of the date that they learned the preliminary injunction.
The last decision which rendered after objection can also be
appealed. This right for appeal is an innovation for our civil procedure
law. This application will be examined primarily and the decision
which will be rendered after the examination will be a final decision.
The fact that there is an application of legal remedy does not prevent
the execution of the injunction.
PROCEDURAL LAW
285