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ID 45753
file
title alternative
Preliminary Study to the Effect of Res Judicata
creator
NDC
Law
abstract
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.
journal title
Hiroshima Law Review
issue
Issue 14
start page
153
end page
158
date of issued
2018-03-20
publisher
広島大学法学会
issn
1880-1897
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Hiroshima University Law School
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