Anasayfa » Blog » Blocking Access As A Precautionary Measure Under The Code Of Civil Procedure

Blocking Access As A Precautionary Measure Under The Code Of Civil Procedure

Blocking Access As A Precautionary Measure Under The Code Of Civil Procedure

Pursuant to Article 389 of the CCP, an interim injunction may be granted by the court in cases where there is a concern that obtaining the right will become significantly difficult or completely impossible due to a change in the current situation, or that an inconvenience or serious damage will arise due to delay. Persons who claim that their personal rights have been violated within the scope of the published content may also request the civil courts to issue an access ban decision as an interim measure within this scope. However, there is a “principle of proportionality” that the courts should take into account when issuing a decision to block access as an interim measure. If many people are harmed in addition to the interests protected by the applied measure, this decision is not proportionate and an access blocking decision should not be made in this direction.

Bir yanıt yazın

E-posta adresiniz yayınlanmayacak. Gerekli alanlar * ile işaretlenmişlerdir