既判力の作用についての予備的考察

Preliminary Study to the Effect of Res Judicata

田邊 誠

広島法科大学院論集

Hiroshima Law Review

[ISSN] 1880-1897

[NCID] AA12028691

Many Japanese textbooks on Civil Procedure explain the res judicata as the effect of final judgments on claim (the existence or nonexistence of rights or legal relationships) when the same rights or legal relationships are asserted as the claim of the following litigation or its premise or when the claim of the following litigation is inconsistent with the prior final judgment.
My research note proposes that res judicata should be understood simply as the effect to prohibit parties from asserting what is inconsistent with the decision on claim (as to the existence or nonexistence of right or legal relationship) in the prior final judgment whenever the same right or legal relationship would be the point of issue in dispute in the following litigation between persons who were parties or who are in privity with persons who were parties in prior litigation.

法律 [ 320 ]

日本語

広島大学法学会

許可なく複製・転載することを禁じる

[ISSN] 1880-1897

[NCID] AA12028691