M.A. Thesis:

Provisional order in family lawsuits

Temporary order in the judicial system is very important. The Code of Civil Procedure provides for special rules for urgent proceedings and interim orders. In accordance with the rules of civil procedure, it is necessary for the court to obtain the potential damages before issuing this order. This is because some profiteers may request a temporary injunction without a legal basis and without proper justification, and may result in numerous damages from the courts, resulting in possible damages. In addition, the provisional approval of the interim order in the civil procedure is necessary. In the present study, we attempt to examine the rules regarding interim orders in family litigation. With regard to family law, the interim order has its own rules of procedure; in the past laws the legislator merely stated that there was no need to observe the procedure of civil procedure in the field of interim order in family law. Thereafter, the Family Protection Act, enacted by , gives judges the power to issue interim injunctions, according to which family law does not need to be obtained from the applicant, in addition to the interim order in the civil procedure. The provisional order does not require the head of the district court to approve the lawsuit, and also provides the court with a six-month deadline to rule on the principle of the lawsuit, which, if terminated, cancels the dismissal.

Keywords: Key Words: Interim order, Family law, Civil procedure, Instant hearing.