For a More Precise Delimitation of the Authority of Res Judicata in Civil Matters
The classical formula for delimiting the authority of res judicata,based on the principle of"triple identity",has been demonstrated by judicial practice to be fraught with pitfalls and ambiguities,particularly the concepts of object and cause failing to truly delineate the scope of res judicata.Therefore,it is necessary to reinstate delimitation criteria to reduce the uncertainty of this system.It should be clearly stipulated that parties cannot submit to the judge factors that have already been debated and decided by the court;it is also necessary to clearly stipulate the rules of estoppel,which include substantive estoppel resulting from the burden of concentrating the subject matter of the dispute and procedural estoppel that eliminates certain procedural elements by preclusion,with the understanding that the power remains reserved to the judge to relieve the parties from these estoppels under certain conditions.
the authority of res judicatathe subject of disputethe cause of the demandsubstantial foreclosureprocedural foreclosure
国家科技期刊平台
NSTL
万方数据
维普
