Precautionary and Provisional Measures in Civil Proceedings
Precautionary and Provisional Measures in Civil Proceedings
Author(s): Andrada-Georgiana MarinSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Universitatea Nicolae Titulescu
Keywords: precautionary and provisional measures in civil proceedings; distraint; garnishment; judicial lien; distraint instated on civilian ships;provisional measures in matters of intellectual property right;
Summary/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 set-up request, the settlement procedure, the enforcement of measures, the annulment of measures under the law, as a penalty for failing to fulfil 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.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XXVIII/2021
- Issue No: 2
- Page Range: 123-136
- Page Count: 14
- Language: English