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Abuse of preliminary injunctions and the compensation for damage

Publication at Faculty of Law |
2016

Abstract

This article deals with the issue of abuse of law in the case when a preliminary injunction may be issued by the competent court. The author presents the legal regulation of preliminary injunctions and the securitisation of rights of the obloged party in case the preliminary injuntion is cancelled or otherwise terminates.

In second part of the article the author critisises particular case of the Czech Supreme Court which in its opinion enables the claimant to abuse its rights in the area of public procurement.