The need to adopt res judicata on issue determination and allow nonparties to assert it stems from the three basic principles of the constitutional State—legal certainty, liberty and equality—and from the basic principle that animates civil justice: efficiency. To these more basic principles, which are connected to one another as means to ends, we can connect good faith, the prohibition of venire contra factum proprium and coherence in law, themselves available to justify preclusion doctrines.

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Reasons for Extending Res Judicata to Prejudicial Issues, Including in Favor of Nonparties

  • Luiz Guilherme Marinoni

摘要

The need to adopt res judicata on issue determination and allow nonparties to assert it stems from the three basic principles of the constitutional State—legal certainty, liberty and equality—and from the basic principle that animates civil justice: efficiency. To these more basic principles, which are connected to one another as means to ends, we can connect good faith, the prohibition of venire contra factum proprium and coherence in law, themselves available to justify preclusion doctrines.