Article 266: Emergency application for interim relief

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4703/2550 (2007)

   Money attached before judgment as an emergency provisional measure under Section 254(1) read with Section 266 remains the property of the judgment debtor. Such an interim attachment is distinct from an attachment made to enforce a judgment.

   A third party had deposited money under an interim attachment ordered before judgment as an emergency provisional measure under Section 254(1) read with Section 266. The Supreme Court held the right to that money still belonged to the judgment debtor when the execution officer later sought to attach it, so it was not property already tied up by execution.

2. Arrêt de la Cour suprême n° 5997/2533 (1990)

   An application for protection during the proceedings or for the enforcement of a judgment, made on grounds of emergency under Sections 254 and 266, must seek to protect property, a right or an interest that is in dispute in the case until the court gives judgment. Where a claimant applies at the enforcement stage saying he is not the defendant's dependent, the only issue is that question of dependency, which the enforcement proceeding itself decides, and a separate claim to a possessory right must be pursued against the plaintiff in another case. There is therefore no ground to bring in a provisional measure before judgment at that stage.

   A claimant at the enforcement stage said he was not the defendant's dependent and also claimed a possessory right over the disputed land, applying on grounds of emergency for a provisional measure. The Supreme Court held that the only issue to be decided in that proceeding was whether he was the defendant's dependent, and that the possessory-right claim had to be brought against the plaintiff separately. Since a provisional measure under Sections 254 and 266 exists to preserve what is in dispute in the case until judgment, there was no ground to use one at that stage.

3. Arrêt de la Cour suprême n° 3027/2530 (1987)

   A court may issue an emergency attachment warrant on the plaintiff's application under Section 254, Section 255, and Section 266 on the same day the complaint is filed, prohibiting a third party debtor of the defendant from paying the defendant.

   On the plaintiff's emergency application under Section 254, Section 255, and Section 266, the labour court issued an interim attachment warrant on the same day the complaint was filed, prohibiting a company that owed the defendant money from paying it to the defendant. The Supreme Court treated this as a proper emergency provisional attachment.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.