Tomáš Tintěra | Palacký University Law Faculty, Olomouc

Inadmissibility of Preliminary Injunction to Modify Alimony

Jurisprudence 5/2015 Section: Discourse Page: 32-35

Keywords: preliminary injunciton, alimony, Civil Code, Constitutional Court

Abstract: The article analyzes the decision of the Constitutional Court of the Czech republic dated 25. 3. 2015 reference number IV. ÚS 3706/14. There are primarily two areas of problematic issues in connection with the preliminary injunciton. Firstly, it is the fear of unsuitability prejudge the merits, unless preliminary injunction to modify alimony will establish the status, which will be decided only in the substantive proceedings. The second and most crucial issue is a legal impossibility to grant preliminary injunction in case there in otherwise different final and enforceable decision which was issued earlier in the ordinary instance proceedings.