On the scientific article: Problematic Issues of Revoking the Provisional Remedies upon Completion of the Case

Abstract

The aim of the institute of provisional remedy is to ensure legal guarantees for the enforcement of judicial decisions. Revocation of the mentioned measure can take place either by a court decision when the claim is not satisfied, or after the court decision enters into legal force, when the preservation of the provisional remedy on the property becomes irrelevant. Accordingly, on the basis of analyses of relevant legal norms and judicial practice, the article discusses the problematic issues of revoking the provisional remedies upon completion of the case. As European Court of Human Rights defines in its judgements, the right to a fair trial implies not only the right to initiate the legal proceedings, but also the right and possibility of enforcement of the judicial judgements. Unfortunately, a wrong practice has been implemented with regard to application of Article 199¹ of the Civil Procedural Code of Georgia, the provision of which creates injustice and, most importantly, contradicts with the Article 6 of the European Convention on Human Rights and Fundamental Freedoms. Forming a precise and clear view on the issue is of essential importance for the protection of the procedural rights of the parties and for the proper determination of the aims of justice. In the present article, based on the analysis of existing judicial practice, in case of settlement of the parties before court, certain criteria are established, in the presence of which the court can automatically, on its own initiative, revoke the used provisional remedy. Hope that present scientific article will become the subject of interest of both practicing lawyers and scientists in the field of civil procedural law.