2005•Unpublished venueRequires access

On the Objective Scope of Res Judicata

Tao Jian-guo

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Abstract

In civil law countries, the objective scope of res judicata is defined by that the judgment in the verdict rather than the judgment in the ratio decidendi is of effect of res judicata. The size of the objective scope of res judicata is closely related to the theories of new or old subject matter of litigation. The theory of issue preclusion is a positive attempt made in order to settle disputes in one action and realize the ideal of litigation economy.

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In civil law countries, the objective scope of res judicata is defined by that the judgment in the verdict rather than the judgment in the ratio decidendi is of effect of res judicata. The size of the objective scope of res judicata is closely related to the theories of new or old subject matter of litigation. The theory of issue preclusion is a positive attempt made in order to settle disputes in one action and realize the ideal of litigation economy.

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Available abstract

In civil law countries, the objective scope of res judicata is defined by that the judgment in the verdict rather than the judgment in the ratio decidendi is of effect of res judicata. The size of the objective scope of res judicata is closely related to the theories of new or old subject matter of litigation. The theory of issue preclusion is a positive attempt made in order to settle disputes in one action and realize the ideal of litigation economy.

Key concepts: Res judicata, Scope (computer science), Verdict, Civil procedure, Political science, Ideal (ethics), Action (physics), Law

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