The liability under the civil law for damages caused by the enforcement of the injunctive order

Abstract

The main purpose of the article is analysis of the execution of an injunctive order by the authorized party on its compensation liability towards the ordered party. Accelerated and unformalised nature of the injunctive order procedure means that the court is not able to comprehensively evaluate the evidence at this stage of the proceedings. Application of this procedure involves a risk of granting the injunctive order to the party who as a result of the final examination of the case would not receive a favourable ruling that verifies the existence of the claim. When that happens, it arises a need to consider the problem of compensation liability of the party authorised by the court who executed the injunctive order, although in fact it has not benefited from the substantive claim that was protected. The nature of this liability is civil law, tort, independent from the fault of the party authorised by the court, related to the result of the legal proceeding in which the injunctive order had been established. Article 746 of the Code of Civil Procedure concerns exclusively the proceedings for the recovery of damages caused by the execution of the injunctive order and the recovery claims are not set out in that provision