Despre autoritatea de lucru judecat, efectul obligatoriu și opozabilitatea hotărârilor judecătorești
About the Authority of Judged Matter, the Mandatory Effect and the Opposability of the Judiciary Decisions

Summary/Abstract: The current Romanian Civil Procedure Code regulates the effects of judiciary decisions on article 429 - 435. The authority of judged matter, the mandatory effect and the opposability of the court decision are notions which, at superficial analysis, could be considered synonymous.The authority of judged matter paralyzes the civil action having the same parts, object and cause. As a result of invoking the exception, it is possible to create in its own appeal a worse situation than that of the judgment under appeal. The jurisprudence is non-unitary; some judgments state the existence of the authority of judged matter in petitions in which there is no identity but pursue the same purpose. Sometimes this effect of the judiciary decision is opposed to a person who was not a party in the lawsuit. The authority of judged matter concerns the parties, the opposability of the judiciary decision concerns the others. Article 435 paragraph 2 allows the third party to eliminate the appearance of legality generated by the judiciary decision that damages him. This paper aims to analyze especially the implications of such lawsuit on the petition for filing a lawsuit, the procedural framework and the lawsuit. The implications of land book are also being pursued.

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