The Injunction Application — What the Claimant Must Substantiate
Security of claim is the set of measures that protects the enforcement of a judgment or the exercise of an infringed right against the respondent's conduct. The claimant may apply to the court with an application for security of claim, which must indicate the circumstances on account of which the non-application of the measure will impede or render impossible the enforcement of the decision or the exercise of the infringed or disputed right, or will cause irreparable and direct damage, or damage that cannot be compensated by imposing on the respondent the duty to redress it. The application must also contain the substantiation of which measure of security the claimant considers necessary. The application is thus a two-sided instrument: on the one hand, substantiation of the need; on the other, the selection of a concrete measure. The operation of the injunction rests on the court's presumption that the claim may be satisfied — and this presumption does not prejudge the outcome: the court's reasoning on the material and procedural preconditions of the claim has no bearing on the court's final decision.
Seizure of Immovables: the Documentary Requirement and the Cure of Defects
An application by which a person seeks the seizure of immovable property must be accompanied by an extract from the public registry or an appropriate document confirming the respondent's right of ownership of that immovable. If the extract or document is not attached, or the state duty is unpaid, the court issues a ruling on the defect and gives the applicant a period to cure it; if the defect is not cured within the appointed period, the court by its ruling leaves the application unexamined, which is appealable by complaint. In practice this technical stage is often decisive: a missing registry extract can knock the whole injunction out into temporary inadmissibility, and restoration by complaint requires additional time — time in which the respondent alienates the property.
The Application Before the Claim and the Time Limits
In urgent cases the application for security of claim may be filed in court before the claim is brought — this instrument is needed where the injured party is convinced that the respondent will alienate the property before enforcement. The price of this route is strict: where the application is granted, the claim must be filed in court within 10 days of receipt of the ruling; if within that period the applicant does not bring the claim, the court, on its own initiative or on the motion of the opposing party, issues a ruling cancelling the measures it had obtained. The examination itself is one of the fastest procedures: the application for security of claim is decided by the court seised of that claim within one day of filing, without notice to the respondent — the respondent therefore cannot react to the injunction before it is already in force. And the final guarantee: a court ruling on security of claim is executed immediately, under the procedure established for the enforcement of court decisions.
The Exceptions to Application
The law also defines a circle of assets to which security measures do not extend: they include the object of financial pledge, the settlement account of a participant in the payment system, assets included in the pool of assets securing covered bonds, the prize fund, pension assets and the assets of a securitisation special-purpose entity — each of these exceptions is conditioned by the protection of the stability of the financial system. A separate regime concerns a commercial bank in a resolution regime: on the basis of a direction of the National Bank of Georgia security measures are not applied, and measures already applied are suspended for the period specified in the direction, which must not exceed 90 days; the judge issues a ruling within 1 day of the direction, and if the resolution regime ends earlier than the period specified in the ruling, the court cancels the operation of the ruling on suspension.
Frequently Asked Questions
Below we answer the questions most frequently asked on this subject.
What must the application contain?
The circumstances showing that non-application will impede enforcement or cause irreparable or non-compensable damage, and the substantiation of the specific measure sought.
Can an injunction be sought before the claim?
Yes, in urgent cases; but the claim must be brought within 10 days of the ruling, failing which the measures are cancelled.
Within what time does the court examine the application?
The court seised of the claim — within one day of filing, without notice to the respondent; the ruling is executed immediately.
What happens if the registry extract is not attached?
The court records a defect and sets a period to cure it; failure to cure leaves the application unexamined, which is appealable.
How We Help on Legal.ge
Preparing an injunction application demands precise substantiation of the need, correct selection of the measure and observance of the documentary requirements. On Legal.ge you can consult a lawyer who will prepare the application and protect your interests even at this rapid stage. Submit a request on the site and receive qualified assistance.