Litigation and procedure

Preliminary injunction

Temporary judicial protection over the subject of a dispute, preventing the right from being endangered until the case concludes.

All terms

A preliminary injunction is temporary protection against the danger that obtaining the right will become substantially harder or impossible due to the length of proceedings. Prohibiting the transfer of property, annotating its record and suspending a transaction are typical examples.

The injunction operates on the subject of the dispute itself; securing money claims belongs to provisional attachment. The applicant must show their case to an approximate standard of proof, and the court generally orders security. Relief may be sought before filing suit, in which case the injunction lapses automatically unless the action is brought within the statutory period.

Non-compliance is sanctioned with disciplinary detention, while the unsuccessful applicant's duty to compensate losses caused by the measure is the institution's balancing element. Seeking an injunction against transfer in title-cancellation cases is the most common use in practice.

Not to be confused with

İhtiyati haciz ile karıştırılmamalıdır: haciz para alacağını güvenceye alır, tedbir ise uyuşmazlık konusu şeyin kendisini korur.

Statutory basis

  • HMK m.389

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.