The Competent Authorities for Issuing Interim Orders, A Comparative Study

The provisional decision, referred to in Articles 310 to 325 of the Civil Procedure Code, is use to protect the subject of disputes and avoid the risk of further losses and in many cases is the urgent need of the claimant. Accordingly, identifying the competent authorities of application of this legal capacity with regard to the distribution and diversity of judicial authorities, is considered as one of the significant aims of the present research. Although our legislator in articles 311 and 312 of the Civil Procedure Code regards the court of the location of the property subject-matter of the case, the Court to handle the dispute and competent court of the principle case as competent authorities, because of different forms of civil issues and different temporal situations containg urgency, any authority which considers a legal case in any way and faces emergency situation- meeting legal requirements- may be considere as competent for issuing interim order. In French law, the juge of summary court and the chief of the district court, and in the English law the equity court are competent to consier request for interim order. In the civil procedure of the Germany, the superior courts are competent to deal with such requests.