Preliminary Injunction Under Turkish Laws

Conditions of Preliminary Injunction: 

Considering the Article 389 of the Code of Civil Procedure and the decisions of the Court of Appeal (Yargıtay), it can be concluded that, in order for a court to grant a preliminary injunction relief decision under Turkish Laws, there must be a possibility which makes it materially difficult or impossible to acquire a certain right due to the changes in current conditions or there must be concern for the occurrence of an inconvenient situation or possibility for significant damage due to the absence of such preliminary injunction.

In that respect, in order to obtain a preliminary injunction to prevent encashment of the performance bond, following conditions must be met;