Callament perpetual silence or in relation to net claims in court, res judicata
Section: Juris. Litigation , Jurisprudence
"Finally, callament perpetual silence or in relation to other claims, can not succeed not only for the reasons mentioned above, but also because the law in the jurisdiction (Art 10 CA) allows justiciable impetrar the help of justice as they deem appropriate in defense of their interests. And from this viewpoint the institutions of the Lis pendens and res judicata because it could prevent lawsuits filed against the same parties and the same cause and petendi petitum or resolved may arise again, as with the aforementioned institutions is to achieve the necessary legal certainty, it is possible that without a process or s'eternitzi in question over and over Read the rest of this article »
Tags: res judicata
In the ambiguities arising from the law, should have force of law or authority of the custom things steadily and tried similar
Section: "Nulla dies sine linea" - The phrase of the day
Nam imperator Noster Severus rescripsit in ambiguitatibus quae ex legibus proficiscuntur customary aut rerum Perpetual similarity iudicatarum auctoritatem vim optinere owes schools.
Cal · Lystra: Digest 1, 3 In the laws of senatconsults and immemorial custom, 38 (D. 1.3.38)
* Judge of Appeal judgment dated 20/12/56 Obiols, RJ 27
* Judge of Appeal judgment dated 8/7/65 Obiols, RJ 82
* Judge of Appeal judgment dated 14/2/66 Obiols, RJ 93
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Tags: res judicata
Must certainly be the res judicata
Section: "Nulla dies sine linea" - The phrase of the day
Rebus crux iudicatis standum east.
Code 7, 52 of res judicata, 1 (C. 7.52.1)
* Aunt TSJC dated 15/6/00, RJ 1499, in relation to the value of res judicata, which is a perpetual action, the final judgment.
* Aunt TSJC dated 17/11/00, RJ 1521, in relation to the value of res judicata, which is a perpetual action, under the action of nullity actions and the annulment of the final judgment .
* Aunt TSJC dated 17/01/01, RJ 1658, in relation to the perpetual res judicata with respect to a final judgment, on track to Article 88 of the Constitution.
* Judgment dated 17/01/01 TSJC, RJ 1659, in relation to the value of res judicata of final judgment, except home is deemed perpetual, applicable to the incident of nullity.
* Judgment dated 12/07/01 TSJC, RJ 1700, in relation to the value of res judicata of final judgment, except home is deemed perpetual, applicable to the incident of nullity.
* Aunt TSJC dated 19/9/02, RJ 1919, in relation to the effects of res judicata, in an incident of application for annulment.
* Aunt TSJC dated 22/12/04, RJ 2399, in relation to the exception of res judicata in accordance with the identity between the subjective and objective elements of the trilogy and constitutive individualitzadora personae, because nothing you petendi.
Tags: res judicata
The res judicata is accepted as truth
Section: "Nulla dies sine linea" - The phrase of the day
* Judge of Appeal judgment dated 1/7/61 Obiols, RJ 46
* Judgment dated 28/3/78 TS Mitra, RJ 203
* Judgment dated 28/3/78 TS Mitra, RJ 20, regarding the effect of res judicata.
* Aunt TS Mitra dated 5/10/81, RJ 49, except in relation to the Lis pendens.
* Judgment dated 8/10/84 TS Mitra, RJ 94, regarding the inability to play in high end definitively resolved in the incident.
* Judgment dated 14/1/86 TS Mitra, RJ 115, except in relation to the Lis pendens and res judicata with respect to credits against the mass and the mass of the bankruptcy procedure.
* Aunt TS Mitra dated 25/3/87, RJ 200, relative to the negative effect of the principle of res judicata, which prevents any subsequent revision of the pronouncements of the final judgment.
* TSJC Ruling dated 13/4/00, RJ 1358, in relation to the effects of res judicata in accordance with the principle of legal certainty enshrined in Articles 3.2 and 88 of the Constitution.
* Aunt TSJC dated 15/6/00, RJ 1499, in relation to the value of res judicata, which is a perpetual action, the final judgment.
* Judgment dated 17/01/01 TSJC, RJ 1659, in relation to the value of res judicata of final judgment, except home is deemed perpetual.
Tags: res judicata
The res judicata effect can not be prejudicial to those who have not intervened in the dispute, although this assertion requires a distinction: a statement can harm people other than those that have knowledge of the dispute, but have not tried among them, and vice versa does not harm certain people despite having intervened in the dispute
Section: "Nulla dies sine linea" - The phrase of the day
Saepe constitutum no inter est Alió al iudicatas non praeiudicare; quod quandam Distinction habet expert reports, inter nam sententia Alió dictates al quibusdam etiam scientibus obest, quibusdam vero, etiamsi against ipsos iudicatum sit, nihil Noceto.
In principle no international monitoring of non praeiudicare Alió iudicatas al.
Macer: Digest 42, 1 of res judicata, the effect of judgments and Interlocutory, 63 (D. 42.1.63)
* Judge of Appeal judgment dated 9/7/62 Obiols, RJ 54
Tags: res judicata
We consider those convicted has been sentenced under the law, so the judgment is valid
Section: "Nulla dies sine linea" - The phrase of the day
Condemnatum accipere debemus EUM, who condemnatus Eastern rite, ut sententia advances.
Ulpiano: Digest 42, 1 of res judicata, the effect of judgments and Interlocutory, 4, 6 (D. 42.1.4.6)
* Judge of Appeal judgment dated 9/2/57 Obiols, RJ 28
Tags: res judicata
Called res judicata in that statement to the judge, ends the controversy by ruling of the judge, which can occur through conviction or acquittal
Section: "Nulla dies sine linea" - The phrase of the day
Nothing iudicata dicitur, finely quae controversiam pronuntiatione iudices acceptance, quod veil veil condemnatione absolutione content.
Modest: Digest 42, 1 of res judicata, the effect of judgments and Interlocutory, 1 (D. 42.1.1)
* Judge of Appeal judgment dated 30/10/62 Obiols, RJ 57
* Judgment dated 29/11/96 TSJC, RJ 642, in relation to anything iudicata principle of immutability of pro veritate habetur everything is solved in a strong statement and consented, as a requirement of stability and certainty in disputed legal relations in the processes already completed, also avoided the possibility of conflicting decisions, motivates and explains the principle of obedience to the res judicata.
* Aunt TSJC dated 3/7/97, RJ 867, concerning the existence and observance of a ruling on the merits and effects of res judicata, on the principle of immutability of what has been resolved in a strong statement and consented, as a requirement of stability and certainty in legal relations controversial processes already completed.
* Aunt TSJC dated 22/6/99, RJ 1277, in relation to the nature and effects of res judicata, which does not include the judge reasoned, then the authority of res judicata iudicatae king, is inherent in the operative part of a sentence and never extend its reasons or bases.
Tags: res judicata
In this action the convictions and acquittals have to respect all people, so if he had omitted the sentence in respect of a person, not valid in that the judge set for the rest, because the res judicata by virtue of a single action can not be valid in part and invalid in another part
Section: "Nulla dies sine linea" - The phrase of the day
In hoc iudicio condemnationes et omnium Absolution in person faciendae sunt: ideo if you sit in default damnatio alicuius person, in person ceterorum quoque iudex non valebit quod fecit, quia non power one ex iudicio nothing in iudicata start ok, we start in non advances.
At power up the first non ex iudicio one thing in iudicata start ok, we start in non advances.
Paule: Digest 10, 2 of the act of partition of the inheritance, 27 (D. 10.2.27)
* Judgment dated 29/11/96 TSJC, RJ 642, in relation to anything iudicata principle of immutability of pro veritate habetur everything is solved in a strong statement and consented, as a requirement of stability and certainty in disputed legal relations in the processes already completed, also avoided the possibility of conflicting decisions, motivates and explains the principle of obedience to the res judicata.
* Aunt TSJC dated 3/7/97, RJ 867, concerning the existence and observance of a ruling on the merits and effects of res judicata, on the principle of immutability of what has been resolved in a strong statement and consented, as a requirement of stability and certainty in legal relations controversial processes already completed.
Tags: res judicata
We must understand how a man born free, which has been declared as such a ruling, even if freed, because res judicata is accepted as truth
Section: "Nulla dies sine linea" - The phrase of the day
Ingenuum accipere debemus etiam SDU of sententia quo lata east quamvis outside libertinus; quia pro veritate accipitur iudicata nothing.
Ulpiano: Digest 1, 5 In the state of people, 25 (D. 01.05.25)
* Judgment dated 28/3/78 RJ Mitra TS 20, in relation to the inability to play as peremptory exceptions raised and resolved as a dilatory.
* Judgment dated 15/6/82 TS Mitra, RJ 57, in relation to the res judicata effect of a dilatory exception reproduced as urgent.
* Judgment dated 8/10/84 TS Mitra, RJ 94, regarding the inability to play in high end definitively resolved in the incident.
* Judgment dated 14/1/86 TS Mitra, RJ 115, except in relation to the Lis pendens and res judicata with respect to credits against the mass and the mass of the bankruptcy procedure.
* Aunt Mitra dated 25/3/87, RJ 200, relative to the negative effect of the principle of res judicata, which prevents any subsequent revision of the pronouncements of the final judgment.
* Judgment dated 29/11/96 TSJC, RJ 642, in relation to anything iudicata principle of immutability of pro veritate habetur everything is solved in a strong statement and consented, as a requirement of stability and certainty in disputed legal relations in the processes already completed, also avoided the possibility of conflicting decisions, motivates and explains the principle of obedience to the res judicata.
* Aunt TSJC dated 3/7/97, RJ 867, concerning the existence and observance of a ruling on the merits and effects of res judicata, on the principle of immutability of what has been resolved in a strong statement and consented, as a requirement of stability and certainty in legal relations controversial processes already completed.
Tags: res judicata
Amendment of judgment on res judicata jurisprudence of criminal jurisdiction on the civil
Section: Juris. Litigation , Jurisprudence
By judgment dated 23/7/09, JL speaker Vuillemin, Aunt 061/09, the Civil Division of the Superior Court modified the judgment res judicata jurisprudence on criminal jurisdiction with respect to material matters subject to the civil jurisdiction, in monitoring the criteria established by the Constitutional Court judgment dated 12/3/08, due 2007-36, RE, made under estimating, in which he says in his second recital: "The doctrinal interpretation that has become of res judicata known criminal. So while the classical doctrine of res judicata has recognized that criminal had only negative effects or preclusius against what happens to the positive effects of the civil res judicata, a more recent interpretation, supported by comparative constitutional jurisprudence (in particular repeated resolutions of the Spanish Constitutional Court) actually recognizes the effect not only preclusiu or negative, but positive or prejudicial to the criminal res judicata so that it has established links subsequent resolutions of the courts, "and in his fourth considerabt" On the other hand, as this Court stated in the judgment of 7 September 2007, the cause relapse in 2007-11-RE would be absurd "that a same facts considered by the Court in connection with the same defendant, can be classified and judged so radically different, "would be no less contrary to good sense that two judgments concerning the same matter and between the same litigants may contain, on key issues of dispute, radically contradictory statements. Arrive at this result if in this case or in other similar criminal res judicata was the only or exclusive preclusiva and also prejudicial. So why not respect the established res judicata in the judgment of 20 June 2001 the Criminal Chamber of the Supreme Court has violated the law in the jurisdiction of the recurrent grant must be requested under . "; donbcs is attending this background that the Supreme Court jurisprudence but rather modifies the criteria mentioned, and pronounce these words:
"III. - It is true that until recently, the Chamber considered that no other civil jurisdiction linked to a criminal sentence absolutòria, unless you declare the nonexistence of this fact prosecuted, and that not only links the assessment of the facts declared criminally tried. However, the most recent jurisprudence of the Constitutional Court, adopting the criteria not only preclusius or negative, but positive or prejudicial to the criminal res judicata recognized by the Spanish Constitutional Court, overturned the common law to seed followed by the Civil Chamber of the Court Superior, and to put that principle would be contrary to good sense that two judgments concerning the same matter and between the same litigants may contain fundamental questions about the litigation, radically contradictory statements. If Aunt, is incontrovertible that the proven facts of his II result, the criminal sentence has solved the fundamental issue of civil litigation, more specifically, that is Mr. JPN who caused the accident on 18 November 2005 and is therefore fully liable for damages suffered by others involved in that incident. Therefore bound by the jurisprudence of the Constitutional Court, this room can not go against what was considered a proven criminal resolution, which has, according to the aforementioned case law, the authority of res judicata. "
Tags: res judicata , prejudicialidad
