injunctive clause
[/ɪnˈdʒʌŋktɪv klɔːz/]
nounpl: injunctive clauses
cláusula injuntiva
1. A legal provision in a contract or agreement that prohibits or requires a party to perform or refrain from performing a specific action, often enforceable by injunction in court
The employment contract contained an injunctive clause preventing the employee from working for competitors for two years after termination.
O contrato de trabalho continha uma cláusula injuntiva que proibia o funcionário de trabalhar para concorrentes por dois anos após a rescisão.
2. A contractual clause that serves as a basis for seeking an injunction if the clause is breached
The real estate purchase agreement's injunctive clause allowed the buyer to seek specific performance if the seller refused to convey the property.
A cláusula injuntiva do acordo de compra e venda de imóveis permitiu que o comprador buscasse o cumprimento específico se o vendedor se recusasse a transferir a propriedade.
In Brazil, injunctive clauses are commonly used in employment contracts, especially non-compete agreements and confidentiality clauses. They are enforceable through the civil court system and are standard in corporate contracts. In the USA, injunctive clauses are critical in business law, intellectual property protection, and real estate transactions. The enforceability of such clauses varies by state and jurisdiction, with courts often balancing restrictive covenants against public policy interests in free competition.
Related Idioms & Phrases
seek an injunction against
enforce an injunctive clause
breach of an injunctive clause
violate an injunctive clause
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