The preliminary measure allows the court to intervene quickly, not only at the very beginning of the proceedings, but also during the course of the proceedings. This can often prevent the occurrence of further damage or ensure the future enforceability of the claim. However, the provisional measure is also a fundamental interference with the rights of the obligor and the court must therefore also take into account the adequacy of this extraordinary intervention.

Even before the application itself is filed, an application for a preliminary injunction may be filed with the court, which the court must decide, as a rule, within seven days. If the court finds the application reasonable, it may impose obligations on the debtor as requested by the petitioner. However, the appellant must already present sufficiently convincing argumentation and evidence in his application to convince the court of the necessity of issuing the measure - but there is a lower standard of proof, since the facts must be “certified” in such a way that the court considers the appellant's claim at least probable. The counterparty does not have the opportunity to comment on the application before the court's decision, in order to ensure the “surprisingness” of the instrument.

The condition for issuing the measure is, among other things, a certificate of its reasonableness and the deposit of CZK 10.000 or CZK 50.000. The court shall also impose on the appellant a period within which he must follow up the interim measure issued by filing an action, on the basis of which the court will be able to decide definitively on the provisionally adjusted rights.