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Periculum in mora

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Glossaries

Term Definition
Periculum in mora

Decisive criterion for the adoption of precautionary measures, consisting in the finding that the execution of the contested act may have an adverse effect on the interests or rights of the appellant, of such an entity or nature that, in the event that the judicial challenge is successful, the procedural result obtained will be useless to make satisfactory reparation for the injury caused.

In common law countries, similar criteria are used to determine whether to grant an interim or interlocutory (“holding”) injunction.

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