PRECAUTIONARY AND PROVISIONAL MEASURES IN CIVIL PROCEEDINGS

Abstract

In this article, we deal with issues related to precautionary and provisional measures in civil proceedings, such as: notion, classification, conditions to be met cumulatively in order to instate such measures, the court competent to resolve a setup request, the settlement procedure, the enforcement of measures, the annulment of measures under the law, as a penalty for failing to fulfill an obligation, lifting the measures, capitalising on the seized goods, special provisions on the distraint imposable on civilian ships, designation and role of a distraint trustee/provisional trustee, the scope of provisional measures in matters of intellectual property rights regulated as a novelty in the Code of Civil Procedure.

Keywords

• precautionary and provisional measures in civil proceedings
• distraint
• garnishment
• judicial lien
• distraint instated on civilian ships
• provisional measures in matters of intellectual property rights