Jurisdiction of Courts in Relation to Provisional Measures in Civil Law

Jurisdiction of Courts in Relation to Provisional Measures in Civil Law Abstract This thesis addresses provisional measures, the principles underlying them-both general civil law and specific-and, in particular, the question of the jurisdiction of courts to order provisional measures. The institution itself, which is highly specific, necessary, and applicable across a wide range of disputes, can produce the desired positive effects only if the competent court is properly determined. An application for a provisional measure may be submitted even during appellate proceedings. At this stage of the proceedings, unforeseen circumstances or newly discovered facts may arise that require interim regulation in order to ensure that the final decision on the merits and the enforcement of the obligations arising therefrom remain feasible once the proceedings are concluded. This is precisely where the Czech legal order encounters difficulties, as it is nowhere explicitly provided whether the application should be decided by the court of first instance or by the appellate court. Beyond these two principal possibilities, there also exists the view that the decisive criterion should be the current location of the case file. The aim of this thesis, through analytical and philosophical methods, is to elucidate and...