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Interim injunctions, possessory action, and urgent proceedings

They are intended to allow the party to obtain immediate protection, when the time required to assert the right in the ordinary process can nullify the right that the party intends to assert with urgent measures (precautionary, conservative and judicial seizure, denunciation of new work and of feared damage, preventive instruction).

The preconditions for precautionary protection are the fumus boni iuris (presupposition of the right) and the exigent circumstances (danger in delay).

The property proceedings fall within the specific case of the special proceedings, but not in the precautionary proceedings and are: the act of dispossession or reintegration, which can be execute by the person who has been violently or secretly revoked of the possession, and the action of maintenance that can be exercised by those who have been harassed in the possession of a property or a real right over a property.

See also:

Legal succession

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