Effects of Final Judgments (I): Predetermined Effect of Convicted Facts
摘要
Just as judgments are supposed to resolve disputes according to the laws, final civil judgments enjoy multiple effects in legal sense. A system of res judicata or a principle of finality is widely accepted in general, although there are many concrete differences in distinct jurisdictions. For instance, the concepts of formal and substantial res judicata (formelle und materielle Rechtskraft) are further discussed in continental legal systems. Besides them, this contribution intends to discuss two less popular issues of judgment’s effects which indicate the characteristics of Chinese civil procedure. Hence, in this chapter refers to the predetermined effect of the factual conviction of civil judgments which is somewhat comparable with the evidential value of court’s judgments as public documents (Chap. 5). And Chap. 8 concerns the possible binding effect of the determined intermediate legal relationship of civil judgments which can be handled by the separate intermediate declaratory claim (Zwischenfeststellungsklage). What these procedural systems are and how to evaluate these systems on the basis of the continental legal tradition need to be addressed in this contribution.