Autoritatea de lucru judecat privind considerentele
Res Judicata Attached to the Recitals of the Judgement

Summary/Abstract: In this article we will begin by presenting the positive effect of the res judicata based on the national legislative evolution, as well as the visions of the various regulations in some European states. In view of these issues, the positive effect of the res judicata has been identified through the outline of the elements to be fulfilled, some of which are still controversial in the current doctrine and jurisprudence. Thus, we will rally to the majority opinion expressed in doctrine and jurisprudence, which is necessary for the existence of a party identity in both distinct processes. We will examine the potential ramifications of not having a debate on the contentious matter from the perspective of a possible implicit res judicata and whether or not it would have legislative support at the national level. In the last part we will consider the means by which the positive effect of the res judicata can be opposed, as well as the difficulties that may arise in this situation.

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