Investigation of the Liability for the Claimant in Relation to the Damages of the Litigant as a Result of the Garnishment and the Temporary Order

Abstract

The Code of Civil Procedure In Article 120 has announced: the plaintiff is liable for damages to the litigant as a result of garnishment in the event of a final judgment against him, and in Article 323, the liability of the applicant for an interim injunction is determined if the plaintiff fails to file a lawsuit within the legal deadline or the plaintiff's claim be rejected. But the plaintiff's liability in other cases of cancellation of the garnishment or order needs to be reviewed and analyzed. Examination of the subject shows that, in addition to the issuance of a verdict against the plaintiff, in cases of issuance of a final lawsuit and failure to file a lawsuit within the deadline and termination of the garnishment appointment due to protest, fault and liability of the plaintiff is proven. However, in cases of cancellation of the garnishment or order due to rising up the cause of it, withdrawal of the applicant and removing the effect of the order by entrusting security, responsibility of the plaintiff depends on the outcome of the lawsuit.

Keywords

• garnishment
• temporary order
• cancellation of the provision
• removing the effect of the order
• civil liability
• fault