The Study of Preliminary Injunction

• Main Authors: Huang Shu Yuan, 黃書苑
• Other Authors: Dr.Lough Yeong-Jia
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/84337963457388138057

博士 === 國立臺北大學 === 法律學系一般生組 === 96 === Chapter 1: Preface— Preliminary injunctions can be used as a method for creditors to satisfy their claims in advance. In actual practice, it has been repeatedly used as a way to avoid suffering disadvantages while the parties wait for the results of the pending action. However, is this appropriate? The proper application of preliminary injunctions is the key point of the dissertation. Chapter 2: The first section of this chapter is a generalization on the injunction. The types of injunctions are discussed in the second section. The third section is about the distinguishing features of injunctions. The relationship between injunctions and arbitration agreements is discussed in the fourth section. In the fifth section, an outline of injunctions system in other countries is discussed. The procedure and method of injunctions are mentioned in the sixth section. The seventh section is concerning the effect of injunctions. The appeal process of the injunctions is discussed in the eighth section. The ninth section is regarding the quashing rules of injunctions. The procedure of executing injunctions in this country is discussed in the tenth section. Chapter 3: General introduction to preliminary injunctions. The first section is about the nature and functions of preliminary injunctions. The relationship between preliminary injunctions and an action on the merits is discussed in the second section. The third section is about the preliminary injunction standards. The applicant for a preliminary injunction has to show that there is a probability of success on the merits of the case, and a need for the interim measure. The measurement of a security is discussed in the fourth section. The fifth section is about the application of the principle of party-presentation in preliminary injunctions . Inter partes procedure of preliminary injunctions is discussed in the sixth section. The settlement procedure of preliminary injunctions is mentioned in the seventh section. Chapter4 Various theories . The first section sums up each type of preliminary injunctions. From Section 2 to 4 and 6 to 12, I will separately introduce preliminary injunctions about how to avoid interference to the right of way, how to restrict construction because of the violation of living benefits, how to restrict publication, selling, distribution and to print offer of apology for the violation of reputation and privacy, how to give employees’ wages, how to order former employees not to compete with their former employers, how to prohibit employees from engaging in disputed behaviors; how to prohibit directors from carrying out their duty, how to prohibit the calling of shareholder’s meeting, how to prohibit shareholders from exercising their shareholder voting rights, how to prohibit the violation of patent events. The fifth section is about the legality and the need of preliminary injunctions for fixing the temporary position of laborers. Chapter 5: Judgment commentary. The first section is about the practical opinion and commentary on the issue of a probability of success on the merits of the case and the need for the provisional measure. The practical opinion and commentary on the provision of Article 538-4 of Taiwan's Code of Civil Procedure are discussed in the second section. The practical opinion and commentary on provisional injunctions for fixing the temporary position of laborers are discussed in the third section . Chapter 6: Conclusion. The key points of the dissertation, including the types, the purposes, distinguishing features, important conditions, jurisdiction, relief procedures, the burden of proof of preliminary injunctions are integrated in this chapter. Furthermore, the reorganization and consolidation of preliminary injunction systems are discussed. Finally, the significance of the dissertation in this era is also mentioned.