Updated in accordance with the changes made by Law No. 80 of 14/5/2005-with the elements of diversity between old and new regulations highlighted-complete with extensive case studies, easy to consult thanks to the systematic organization of the text, this new Handbook is structured as follows:
1. EMERGENCY PROTECTION AND THE REPERCUSSIONS ON ART. 700 C.P.C. OF LAW NO. 80/2005 ON CHANGES TO THE CODE OF CIVIL PROCEDURE:
Acceptance and ineffectiveness of the protective measure.
Revocation and modification of precautionary measures: effects on emergency measures.
Complaint against precautionary measures and innovative aspects on emergency measures.
Further amendments of Law 80/2005 affecting emergency measures.
2. PROCESSUAL ITER (with 140 selected maxims by topic):
Residual nature of protection.
Other applicable procedural rules.
The competent judge.
The appeal: function and structure.
The fumus boni iuris.
The periculum in mora.
The protection under art. 700 c.p.c. by counterclaim.
The implementation of the measure.
The action on the merits.
Ineffectiveness of the measure and remedies for restoring the previous situation.
The new emergency measures of administrative judges.
3. CASISTICS. ARTICLE 700 C.P.C. IN THE VARIOUS FIELDS OF APPLICATION:
In the new corporate process (36 judgments - 1 appeal).
In industrial law (55 judgments - 3 appeals).
In copyright law (19 judgments - 2 appeals).
In property protection (10 judgments - 2 appeals).
In condominium (24 judgments - 4 appeals).
In labor law (108 judgments - 4 appeals).
In enforcement matters (25 judgments - 2 appeals).
In banking law (20 judgments - 2 appeals).
In family law (11 judgments - 3 formulas).
On the right to health (14 judgments - 3 appeals).
In the matter of suspension and restoration of utilities (24 judgments - 2 appeals).
In sports law (3 judgments - 2 appeals).
In environmental, noise, electromagnetic pollution (20 judgments - 2 appeals).
In real estate leasing (2 appeals).
4. ART. 700 C.P.C. AND THE OTHER PROCEDURES WITH A CAUTIONARY CHARACTER (110 maxims -7 appeals):
The precautionary complaint.
The other forms of atypical protection.