Interim Injunctions In Turkish In Turkish Law

Interim injunctions are required to avoid any possible negative results in the course of the case. Therefore, in the course of the case, court may decide cautionary judgment in order to prevent any damages.

Interim injunctions can be requested from the court before or after the case is filed. There are types of interim injunctions according to Turkish Law. For example, alimony judgment or judgment on guardianship in the course of the case is type of interim injunctions regulated by Turkish Law.

Conditions of Interim injunctions

Most important condition is the danger that the right demanded by the applicant might be disappeared in the end of the case. Accordingly, presence of a right for protection is crucial in order to make a judgment regarding interim injunction.

Interim Injunction Request from Competent Court

a)    Prior to The Case

It is compulsory to file a case within a week after interim injunction is requested from the court. If this is not requested in such a convenient time, decision on the interim injunction would be ended.

b)    Subsequent to the case

Interim injunctions must be requested from the same court where the case is filed.

 

 Interim Injunctions Procedure

Interim injunction requested from the competent court with petition. In this petition, information regarding the name of the court, identification details of the parties and addresses must be mentioned. Unlike other petitions given to the court, petition of interim injunctions’ request must contain information such as reason of interim injunction request, description of disputed subject, justification of request and type of requested interim injunction.

Applicant has also right to file the essential case along with interim injunction request.

General rule is to hear both parties regarding interim injunction. On the other hand, in urgent situations the court may decide interim injunction without hearing both parties.

It is important to note that there is no need to prove completely for necessity of interim injunction (Prima Facie Criteria)

There is one more important issue to be bore in mind regarding the result of interim injunction request. In case applicant shall loose the case then applicant will be obliged to compensate defendant’s damage stemming from unfair interim injunction.

Interim injunction judgment must contain the identification details of the parties, legal ground of the interim measure along with the evidences, amount of interim measure or explanation of interim measure order and duration of measure.

In case of rejection concerning interim injunction request, that judgment can be appealed. If the court decides on interim injunction, defendant would object the judgment in the course of the proceeding.

Implementation of Interim Measures

Implementation of interim injunctions is executed by execution departments of government based on the interim injunction judgment given by relevant court. In case of disobedience regarding the judgment, disciplinary sanction applies to the defendant which is described in the law as 1 month – 6 months imprisonment.

Termination of Interim Measure

Objection to Interim Decision

Objection does not have any effect to pause implementation of interim measure. Objection must be submitted to the court upon delivery of the decision within one week. Objection requires written petition for submission.

ABOUT THE AUTHOR: Gökhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.

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Cindemir Law Office