Principle

CIVIL PROCEDURE – Stay of Execution – Special Circumstances – Risk of Destruction or Irreversible Alteration of Res

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Three specific special circumstances justify stay: (1) Risk of destruction: Subject matter may be destroyed if execution proceeds—building demolished, goods consumed, property altered permanently. Stay preserves res pending appeal. (2) Irreversible alteration: Property's nature may change irreversibly—land developed, structure modified, status changed—making restoration impossible if…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules and forms. Choose a plan from 1 month to 36 months.

Get Access I’m a member — Log in