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Chapter 9 tries to demonstrate how the principles that justified the limitation of res judicata to the judgment on the request of relief made by the plaintiff, namely personal liberty and the dispositive principle (which enables the parties to act however they wish in their affairs), need to be thus understood in historical context. It argues further that, nowadays, those same values cannot support this interpretation of res judicata in civil law systems, given that an interpretation that is more coherent with legal certainty and consistency in law requires us to reject the attempt of excluding issue determination from the preclusive effects of res judicata.

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The Values that Underly the Limitation of Res Judicata to the Relief Sought in the Suit

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  • 发表日期：

    2026年

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  • Luiz Guilherme Marinoni

摘要

Chapter 9 tries to demonstrate how the principles that justified the limitation of res judicata to the judgment on the request of relief made by the plaintiff, namely personal liberty and the dispositive principle (which enables the parties to act however they wish in their affairs), need to be thus understood in historical context. It argues further that, nowadays, those same values cannot support this interpretation of res judicata in civil law systems, given that an interpretation that is more coherent with legal certainty and consistency in law requires us to reject the attempt of excluding issue determination from the preclusive effects of res judicata.