What Do Prima Facie Proof and Security Mean for an Interim Injunction?

A Deceased Person’s Sham Transaction

Prepared by: Constantinople

Prima facie proof means the court does not await the full proof required in the main action when assessing provisional protection. Mere suspicion or an abstract allegation is nevertheless insufficient. The applicant must show the right endangered and facts requiring protection through specific documents.

In a deceased person’s sham transaction case, an inheritance certificate, title transfer and official deed, payment information, specific witness accounts or records showing a risk of further transfer may matter. Which allegation each document supports must be clear. Evidence must be assessed together; a low price or family disagreement alone does not guarantee an injunction.

Security concerns loss the opposing party or third persons may suffer if the injunction proves unjustified. Under Article 392 of the Code of Civil Procedure, security is generally required, subject to statutory exceptions and the court’s reasoned assessment. It cannot be said to be the same amount in every case or invariably waived. Legal aid conditions are assessed separately.

In preparing an injunction request, we consider more than obtaining the decision. The present evidence, proportionality, security burden and steps after the decision are addressed together. Failure to follow steps such as depositing security or requesting implementation may forfeit its protective effect. We identify strengths and weaknesses separately and do not present provisional protection as guaranteeing the main action’s outcome.