Categories: General

Obstruction Of Access As a Precautionary Measure Under The Law Of Civil Procedure (HMK)

HMK 389. If the court is concerned that the right will be significantly difficult or completely impossible to obtain due to a change in the current situation, or that a disadvantage or serious harm will arise due to delay, an injunction decision may be issued by the court. People who claim that their personal rights have been violated in the content of the publication may also ask the law courts to issue an access prohibition order as a precautionary measure. However, there is a “moderation principle” that courts should consider when deciding whether to block access as an injunction. If many people are harmed in addition to their interests, which are protected by the applied measure, this decision is not restrained and no decision on access barriers should be made to that effect.

Aşıkoğlu Law Office

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