In Chapter 15, the author goes over the connection between binding precedents and res judicata on issue determination and argues that, while both are similar because they concern questions of law, they operate in different ways in litigation. Res judicata presupposes identical issues and assertions against a party that fully litigated the issue before. Precedent can be used in more flexible ways and serves the purpose of developing the law. The chapter also argues against CPC 2015 treating the determination of issues of law in IRDR as precedents to cover the fact that it is res judicata erga omnes without adequate representation of absentee parties.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Res Judicata on Issue Determination in Favor of Nonparties and Binding Precedents

  • Luiz Guilherme Marinoni

摘要

In Chapter 15, the author goes over the connection between binding precedents and res judicata on issue determination and argues that, while both are similar because they concern questions of law, they operate in different ways in litigation. Res judicata presupposes identical issues and assertions against a party that fully litigated the issue before. Precedent can be used in more flexible ways and serves the purpose of developing the law. The chapter also argues against CPC 2015 treating the determination of issues of law in IRDR as precedents to cover the fact that it is res judicata erga omnes without adequate representation of absentee parties.