ABSTRACT
The master's thesis examines an important legal institute: the institute of regulatory interlocutory injunctions in procedures regarding the protection of child's best interest. Interlocutory injunctions have been implemented in our legal system for quite some time, but the need for a thorough modification of this institute is increasing due to the development of the society as well as the law. Before the implementation of the Family Code, the institute of interlocutory injunctions was regulated by different laws. This was quite unsystematic; decision-making on interlocutory injunctions for the protection of child's best interests was thus carried out in the following procedures: civil procedure, non-contentious procedure and administrative procedure. It happened that the same matter was then discussed multiple times, which is not and cannot be in the child's best interest. With the implementation of the Family Code on 15 April 2019, we obtained a more systematic regulation of the institute; the protection of child's best interests is now discussed in only one procedure, the non-contentious procedure. The Code brought novelties not only in procedural matters, but also in substantive matters, which is evident in the changed conditions regarding the grant of interlocutory injunctions. The aim of interlocutory injunctions in family matters is a temporary regulation of the questionable legal relationship and the protection of child's best interests, where the injunction is granted if the child is possibly under the risk of threat and there is no time to wait for the court's final decision. In Article 162, the Family Code lists several interlocutory injunctions that are not subject to numerus clausus concept, which means that the applicant can propose to court, in addition to interlocutory injunctions cited by the law, the grant of an interlocutory injunction that is not listed in the Family Code.
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