Do you need an urgent interim measure before the dispute is resolved definitively? We analyze whether the preliminary order is appropriate, what measure can be requested and what documents support the urgency.
Do you need an urgent interim measure before the dispute is resolved definitively? We analyze whether the preliminary order is appropriate, what measure can be requested and what documents support the urgency.
The procedure requires an assessment of urgency, an apparent entitlement to the right claimed and the temporary nature of the measure. It cannot replace a decision on the merits or justify any measure simply because the claimant wants a quick response. We also check whether a special procedure applies.
We clarify the measure pursued, the competent court, the connection with the underlying dispute, and the evidence that can be submitted in this procedure. We prepare the application or defense and representation. If the measure definitively resolves the dispute, we discuss the appropriate procedural path, without promising to admit an improper application.
Prepare documents supporting the right claimed, notices, previous judgments and a chronology. Explain what may happen if the measure is not taken now, and identify the documents showing that risk. Mention any existing proceedings, approaching deadlines and measures already in place. In cases involving children, prepare documents showing the child’s current situation.
We do not guarantee a duration. The urgency of the procedure does not mean an identical term in every case.
No. We assess the proceedings on the merits and the duration of the interim measures separately.
Yes. We are preparing the defenses based on the procedural conditions and the concrete documents.
Under Article 1000 of the Code of Civil Procedure, the usual remedy is an appeal within five days, unless a special law provides otherwise. If the parties were summoned, the period runs from pronouncement; if they were not summoned, it runs from service. If the court of appeal has jurisdiction at first instance, the remedy is an appeal on points of law (recurs), with the rules applied accordingly. Send the judgment, summonses and proof of service so that we can check the remedy and deadline.
No. A separate application is needed for a stay pending the appeal. Under Article 1000(2), the appeal court may grant a stay only upon payment of security in the amount it sets. We assess separately whether to seek a stay and which documents support the application.
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.