| 英文摘要 |
Article 85 to 91 of the Law of Domestic Proceedings stipulates the preliminary injunctions, which serve as the provisional remedies for domestic affairs. Since the Law has transformed some domestic litigation cases into non-contentious ones, the existence of provisional remedies proceedings are necessary to ensure the full realization of creditors’ rights in the future. However, there is no definition for the essences and functions of preliminary injunctions. Also, it is also unclear whether provisional attachments or provisional injunctions are included or not. Although Judicial Yuan has been authorized to formulate a regulation over preliminary injunctions, it is hard to determine their functions from the context. Therefore, whether preliminary injunctions can completely replaces all provisional remedies remains a question. It may be a legal loophole that judges need to cure. |
