Analysis of Grounds for Using Provisional Remedy in Georgian and German Civil Procedural Law

Abstract

The present paper deals with the institution of provisional remedy and the grounds for use of such measures in Georgian and German procedural law. The importance the legal instrument of provisional remedy is underlined by the fact the measure on the one hand, protects the interests of the claimant, and on the other hand, limits the rights of the defendant. Even though the law establishes the obligation of the judge to be guided by the standard of necessity when applying the measure, in quite many cases, courts find it difficult to use the provisional measure based on a fair balancing of the interests of the parties, which is also explained by the gaps found in legislations.

The analysis of the relevance of the institution in civil procedural law and determination of the basis for using the measure is of essential importance for the right understanding of the mechanism of provisional remedy. Accordingly, through comparative analysis, the paper discusses provisional remedy in general, main aspects of prerequisites of the of the use of provisional remedy, including balancing of the interests of the rights of claimant and the defendant.