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Order of a preliminary measure after the legal force of the execution title

Publication at Faculty of Law |
2023

Abstract

This article deals with the problematics of order of a preliminary measure after the definitive ending of the civil trial proceedings, hence after the legal force of the execution title. The authors refuse that part of the doctrine according to which it is impossible to order a preliminary measure after the entitled person has an execution title, because he can pursue his claim in the enforcement proceedings.

In practice, a danger can emerge that despite the existence of an enforceable decision needs to be addressed by the petition to order a preliminary measure. Every such danger must be evaluated according to the specific circumstances of the case and considered whether it would be better addressed by the means of an execution proceedings or the danger can be averted by the preliminary measure.