حجية الامر المقضي

Abstract

Abstract This study aimed at clarifYing the characteristics of the rule of . Res Judicata. In Sum, the rule of Res Judicata is a procedural rule with a restrictive role of precluding the courts of re-examining preadjudicated cases. It is my conviction that all and every attempt to deny Res Judicata, its procedural nature has met with little, if any, success. .' The plea of Res Judicata in my view, is a appertaining to public policy, and thus is capable of application by the courts of their own volition. i.e. without being pleaded by the parties. Res Judicata is applicable to Judicial decisions are appealable, non- appealable, already appealed-from or exhausted the time limit for appeal. It is agreed that Res judicata Confers to default decisions . . validly decree and works as a tool against contradicting decisions. I concluded that the rule of Res judicata should be extended to orders issued in execution proceedings as well as other judicial decisions. This research led me also to' conclude .that the disparity of object in the two cases should not be taken as a bar to the application of Res judicata once the cause of action is identical in both cases. For Res Judicata should be governed by the unilarity ofthe cause of action rather than by the similarity ofthe subject-matter. The tendency of confining the application of Res Judicata to a specific part of the judidical decision, be it the wording of the judgment, the ratio decidendi, the cause of action or the facts of case . is, to my judgment, of a minute justification. To me, the long and short of it, is that wherever a final judicial decision is held on a disputed matter between the same parties, that decision becomes Res Judicata .