Claim for damages based on unfair provisional measures

It is contented with presuptive evidence at the rendering of the decision of provisional measure. The counter party is not listened during the decision of provisional measure. Therefore, it is possible that the party demanding the provisional measures may be proved right in the claim for damages at the end of the claim. In the meantime, counter party or third party may suffer material or moral damage due to the rendering of implementation of the decision of provisional measure. Hence the right to claim for damages against the party who has the provisional measures imposed upon the damaged party has been granted to the injured party. The party who has the provisional measures imposed does not have to be faulty in order to file this lawsuit against him. The period of prescription to claim for damages is one year starting from the finalization of the decision or the removing of the provisional measure.