AI Summary & Key Takeaways
AI InsightTherefore, there is noneed to resort the theory of normative damage for the action for compensationbased on unfair preliminary injunction.
📌 3 Key Takeaways
Abstract
Action for compensation based on unfair preliminary injunction is enactedat the article 399 of Code of Civil Procedure. Party, who had suffered damagedue to unfair preliminary injunction, can claim for damages under theconditions of this article. One of the issues that may be subject of claimant’srequests is the damage which is due to not being used of subjected good for awhile. It will be the subject of the theory of normative damage whether situationof not being used a good for a while will cause damage or not. The theory ofnormative damage, which is not accepted in Turkish Law, shouldn’t beconsidered in term of action for compensation based on unfair preliminaryinjunction. Because, possibility of using a good isn’t an independent value ofproperty in our legal system, in which difference theory accepted. In addition,the theory of normative damage has emerged in order to overcome the limitationof moral damages in German Law. There is no limitation in Turkish Law, so thesame conclusion can be achieved by the existing rules. Therefore, there is noneed to resort the theory of normative damage for the action for compensationbased on unfair preliminary injunction.
Özet
Haksız ihtiyatî tedbirden kaynaklanan tazminat davası Hukuk Muhakemeleri