Friday, September 13, 2013

假處分 Provisional Injunction

Given the state of the current affairs in Taiwan, yours legally illiterate heard the term 假處分 all the time and finally decided to look up what 假處分 means.

條文內容
債權人就金錢請求以外之請求,欲保全強制執行者,得聲請假處分。
假處分,非因請求標的之現狀變更,有日後不能強制執行,或甚難執行之虞者,不得為之。

I originally thought that the word "假" means fake, ended up, it's more like the the 假 in "放假"... 暫時狀態 (temporary state) where nothing changes.


Apparently, in English, this is called Provisional Injunction, "a term that is used to describe the temporary injunction or a preliminary restraining order."