Prakses tendences vispārējās pagaidu aizsardzības piemērošanā
After the 2021 amendments to the Civil Procedure Law, provisional protection can be divided into two subgroups: 1) general protection, and 2) special provisional protection. Request for the application of provisional protection is assessed according to the criteria of the four-step test. Analysing case law reveals several problems and approaches that differ from the legal literature. In the article, the author concludes, among other things, that: 1) when rejecting request for the application of provisional protection, the sequence of the four-step test is of a recommendatory nature; 2) when simultaneously satisfying applications for security of claim and provisional protection, the applicable measures must not overlap; 3) general provisional protection can be applied in a negative declaratory action.
Publication Details
- Published
- 2025-01-01
- DOI
- https://doi.org/10.22364/juzk.83.52
- Primary Topic
- Economic Issues in Ukraine
- Type
- article
- Field-Weighted Citation Impact
- 0.00