Theoretical and jurisprudential considerations on res judicata authority
Theoretical and jurisprudential considerations on res judicata authority
Author(s): Daniela Cristina Cret, Mihaela Narcisa StoicuSubject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: judgement; effects of res judicata; exception from res judicata authority; identity of parties; object and cause; exception from res judicata authority
Summary/Abstract: One of the effects of judgment, established by both the old and the current Code of Civil Procedure, is res judicata authority. This prevents retrial of a dispute on the basis of the triple identity of parties, object and cause. The paper will analyse some of its aspects from the perspective of civil procedural legislation, ECHR case law and national jurisprudence.
Journal: Tribuna Juridică
- Issue Year: 6/2016
- Issue No: Special
- Page Range: 61-76
- Page Count: 16
- Language: English
