THE FEATURES AND CONDITIONS FOR REQUESTING OF TEMPORARY ORDER IN THE CIVIL PROCEDURE OF IRAN

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Abstract

The court issues Temporary order in the affairs that have emergency state that it may consists of detention of property, doing or undoing an act (Articles of 310 and 316 civil procedure code). Temporary order has some features that distinguish it from the same institutions. This order enforces some limitations to defender of suit without it effects on quiddity of claim. The subject of temporary order must not be correspond with the subject of original claim because in such situation, the plaintiff can receive to demand of original claim with issuing temporary order. The existence of conditions is necessary for issuing temporary order, including giving request for temporary order, paying of trail sums and possibility for renewing of request for issuing this order. In this article, we consider the features and conditions for requesting of temporary order.

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