Please see the response to question 12 of the Checklist of Issues on Enforcement.
Provisional measures may be ordered upon written petition of an interested party. The petition may be filed before or during the course of a trial. Previous notice to the adverse party within a certain period determined by the judge is a prerequisite (Article 686 of the Code of Civil Procedure), the only exception being, the one provided in Article 687 of the CCP.
The petition should contain the provisional measure requested, the facts establishing the right and the urgency of the situation or the imminent danger to be avoided (Article 688 paragraph 1 of the Code of Civil Procedure). Upon hearing both parties, the court determines the content of the injunction at its discretion (Article 692 paragraph 1 of the Code of Civil Procedure).
If the injunction was granted prior to filing an action on the merits, the latter must be filed within a time-limit determined by the court, which cannot be less than 30 days (Article 693 of the Code of Civil Procedure). If no action was taken within the time-limit, the provisional measure is no longer valid.
Upon compliance with the above-mentioned provisions, the injunction remains in force, until a final decision on the merits is reached. The injunction remains valid, until otherwise decided.
The injunction cannot be appealed. However, if the injunction was issued in the absence or without previous notice to the adverse party, it can be revoked or modified upon petition of the party enjoined (Article 696 of the Code of Civil Procedure).
A judge may order a petitioner to lodge a security, before issuing the injunction sought (Article 694 paragraph 1 of the Code of Civil Procedure). Upon request of an injured party, an injunction - whether granted prior to filing an action or during the course of a trial - may be revoked or modified, provided that the existing circumstances have changed (Article 696 paragraph 3 and 697 of the Code of Civil Procedure).
If a compromise is reached, the measure is cancelled. The same applies following the lapse of a period of 30 days, if the action is cancelled (Article 698 of the Code of Civil Procedure).
The injunction is executed according to the provisions on execution of the Code of Civil Procedure (Article 904 et seq.). The party who obtained an unjustified injunction must cover any damages sustained by it, should the main action be dismissed, provided he acted in knowledge or ignorance by gross negligence of the absence of any right (Article 703 of the Code of Civil Procedure).]