Aspecte teoretice şi practice privind lucrul judecat

Asist. univ. drd. Alexandra - Georgiana AVRAM

Universitatea "Lucian Blaga" din Sibiu

Facultatea de Drept

Keywords: court judgment, res judicata, triple identity, third parties, opposability.

Theoretical and practical aspects of res iudicata

Abstract

The adoption of the New Code of Civil Procedure has led to a change in the approach to res judicata. Thus, while under the old rules res judicata was considered an absolute and irrebuttable legal presumption, as well as a peremptory and absolute procedural exception of substance, it is now an effect of the judgment.

This is mainly aimed at avoiding the triple identity (parties, subject-matter, cause of action) in two separate disputes with contradictory solutions, meaning that issues settled by a final judgment cannot be relitigated.

As this effect also concerns the recitals of the judgment, this paper aims to identify and present the way in which res judicata - an institution that ensures...