Periculum in mora
Encyclopedia
Periculum in mora, Latin for "danger in delay", is one of two conditions which must be asserted in actions aimed at obtaining a protective order or injunction (e.g. ART.700 former CCP), to be granted the relief sought (the other condition being fumus boni iuris
). The second condition is the c.d. Prima facie case. The burden of proof of danger in delay falls to the person who requests the injunction or order, demonstrating the existence of both requirements, pericolum notice, and the risk of suffering serious and irreparable damage. The term 'serious harm' refers to the magnitude of the damages, calculated in relation to the value of the property in dispute: an injury will not be so serious in itself, but only when compared to the object of contention. Irreparable damage is in the possibility of a remedy in the future against which the party seeking the injunction believes they will suffer. Only asset orientation is currently supported, in that the prevailing possibility of obtaining compensation for damages is, in itself, sufficient to prevent the founding of irreparable harm.
See also:
Fumus boni iuris
Fumus boni iuris is a Latin phrase, used in European courts, meaning "presumption of sufficient legal basis" , being a requirement for admission to certain benefits or pronunciation of certain court actions .It has a prima facie case when there is a possibility...
). The second condition is the c.d. Prima facie case. The burden of proof of danger in delay falls to the person who requests the injunction or order, demonstrating the existence of both requirements, pericolum notice, and the risk of suffering serious and irreparable damage. The term 'serious harm' refers to the magnitude of the damages, calculated in relation to the value of the property in dispute: an injury will not be so serious in itself, but only when compared to the object of contention. Irreparable damage is in the possibility of a remedy in the future against which the party seeking the injunction believes they will suffer. Only asset orientation is currently supported, in that the prevailing possibility of obtaining compensation for damages is, in itself, sufficient to prevent the founding of irreparable harm.
See also: