JUDICIAL AUTHORITY - EFFECT OF THE COURT
DECISION
JUDICIAL AUTHORITY - EFFECT OF THE COURT
DECISION
Author(s): Singh Amelia, Pascu LiviaSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: the judicial authority; procedural effect of the court decision
Summary/Abstract: The judicial authority is the most important effect of a court decision that totally or partially solves the substance of the case, but also when it comes to a procedural exception or procedural incident, as well as to a litigious matter.The safety of the civile circuit would be jeopardized if a solution given by a court could be reconsidered whenever a party deemed it necessary. In essence, the authority of a court decision means that an application can be judged definitively only once (bis de eadem re ne sit actio), and the decision is presumed to express the truth, so it is not necessary to be contradicted by another decision. ( res judicata pro veritatehabetur).
Journal: Studii Juridice şi Administrative
- Issue Year: 16/2017
- Issue No: 1
- Page Range: 74-88
- Page Count: 15
- Language: English