“The force of res judicata and a possibility of granting the enforcement order in favour of a third party intervenient and a uniform participant not indicated in the operative part of the judgement”
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2014, Vol 6, Issue 1
Abstract
The article attempts to confront the concepts relating to the force of res judicata and its subjective limits present in the doctrine and jurisdiction with the current wording of the provisions regulating this institution and the provisions concerning enforcement-warrant proceedings which ensure a possibility to pursue a claim indicated in a judgment having the force of res judicata through enforcement proceedings. In the following article, the author presents the existing assumptions of the doctrine regarding mutual relations between the validity of judgement and the authority of res judicata. The author also analyses the possibility of granting the enforcement order against as well as in favour of a third party intervenient, but also a uniform participant not indicated in the operative part of the judgement from the standpoint of the doctrine and jurisdiction.Taking into account the above mentioned considerations, the author concludes that in the light of the existing regulations, the concept of the force of res judicata whose subjective scope is limited to the parties to the proceedings indicated in the operative part of the judgement seems to be the most adequate as the expansion of the subjective scope of res judicata may deprive some parties of the possibility to pursue claims both through court as well as enforcement proceedings.
Authors and Affiliations
Michał Zieliński
Keywords
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