ANALYSIS OF THE CONDITIONS FOR THE APPLICATION OF INTERIM MEASURES IN RECENT CASE-LAW

Abstract

This article analyses the conditions for the application of interim measures in civil proceedings. With regard to the first condition for interim measures, the probable validity of the claim, it seeks answers as to what kind of judicial certainty is required to establish the probable validity of an action. It also analyses the concept of threat to the enforcement of the judgment as the second prerequisite and distinguishes between the concepts of threat to the rights of the applicant and threat to the actual enforcement of the judgment. Finally, the impact of the principle of proportionality in the application of interim measures is assessed and the question of whether proportionality can be considered as a third cumulative condition for the application of interim measures is analyzed, taking into account the good practice of foreign countries and sources of soft law. Both the relevant Lithuanian and foreign legal doctrine and case law are analysed.

Keywords

• interim measures
• protective measures
• provisional measures
• proportionality