What Must Be Done After an Interim Injunction Is Granted?

A Deceased Person’s Sham Transaction

Prepared by: Constantinople

Obtaining an injunction does not complete the process automatically. Its operative terms, security condition, record affected and implementing authority must first be examined. Proper entry of a property injunction in the relevant land register must also be followed. A copy of a decision in the file and an implemented injunction are not the same.

Under Article 393 of the Code of Civil Procedure, implementation must be requested within one week of pronouncement or service on the applicant. If the period is missed, the injunction lapses automatically even if the main action was brought in time. The start cannot correctly be tied solely to the written decision date or service on the opposing party.

If granted before litigation, HMK 397 also applies. The main action must be brought within two weeks of requesting implementation; evidence of filing must be delivered to the implementing officer for the file, and a receipt obtained. Otherwise the injunction lapses automatically. This two-week period and the one-week implementation-request period concern different acts.

Keep decisions, implementation records and service documents together. An objection, changed circumstances or a request for modification against security may lead to reassessment; remedies against refused requests are also examined separately. We therefore distinguish decision, pronouncement or service, implementation request and main action in the timetable. Duration and conditions for modification are assessed with the decision’s contents.