TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
to protect themselves, especially their personal rights, confidentiality and professional secrets. In terms of personal and family confidentiality as specified in Article 220 of the CCP, a party may refrain from submitting the document if it is deemed that it will seriously harm their private life or jeopardise their family and character. They may also refrain from submitting documents in cases that would reveal their professional and commercial secrets and create an obligation to keep them confidential. In addition, it is prohibited to produce docu- ments that are state secrets for the security of the state. It is also forbidden to use documents obtained unlawfully under Article 189 of the CCP. Due to the prohibition on presenting evidence against oneself, it is possible that someone may not submit documents that will result in adverse consequences for them. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief In order to request an interim measure, certain conditions must be met. The court may order interim protection measures to prevent a party from being harmed. In order to request these measures, the legal interest must be protected, there must be a clear need, and it must be con- cluded that this measure is lawful and necessary. Among these types of measures, precaution- ary measures are regulated under Article 389 of the CPC. Precautionary measures are used to protect the rights of the parties. It is applied in the form of financial measures and measures to stop the activity. Measures are also applied on assets. When a situation such as the sale or transfer of assets occurs, a creditor may request
this measure if they cannot receive their receiva- bles. By applying asset freezing injunctions, the protection of the financial interests between the parties is taken into consideration. The purpose of these measures is to balance the interests of the parties and prevent possible damages. 6.2 Arrangements for Obtaining Urgent Injunctive Relief It is possible to apply for an interim injunction in urgent situations. As stated in Article 389 of the CPC, the party requesting an injunction must prove that it will suffer significant and irreparable damage. If there are valid grounds for granting the injunc- tion, it is not a long-term procedure. Turkish law has a system of on-call judges. It is therefore possible to apply to the court under any circum- stances and a decision can be made according to the urgency of the situation. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief can be requested ex parte. If the party requesting injunctive relief proves that the delay of the request will cause harm, the court may issue an injunction without hearing the other party and in the absence of the other party. After the ex parte injunction is granted, the other party is notified of the decision. 6.4 Liability for Damages for the Applicant When granting a preliminary injunction, the court may request collateral or similar assets to secure the rights of the other party if it later transpires the injunction is not justified. This amount is determined according to the magnitude of the damage. Where the other party is not aware of this measure, the court has the authority to demand security. However, if there is urgency in
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