Publication details
Právní moc důvodů rozsudku?
| Title in English | Res judicata effect of the judgment grounds? |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Civil procedure; judgment; res iudicata effect |
| Attached files | |
| Description | The substantive res judicata effect of a judgment is intended to protect the parties from challenging the legal consequence once established in any future proceedings. The actual extent of the effects of its binding and unalterable nature depends, above all, on whether they are linked only to the sentence of the judgment or whether they also relate to the grounds of the judgment and thus, for example, to the resolution of preliminary issues, the assessment of the defendant's objections and defences or even to the findings of fact contained therein. The Code of Civil Procedure, in Article 159a, clearly opts for the first solution, while some case-law favours the second option, the choice of which is justified by the thesis of the integral unity of the statement and the grounds of the judgment. The article addresses the question of which of these paths is correct. |