Gezag van gewijsde
res judicata
The authority of res judicata is the binding effect of a final and unappealable judgment, by virtue of which the same legal question may not be submitted again between the same parties.
The authority of res judicata is a fundamental principle of Dutch procedural law. It provides that a judgment which has become final and binding is conclusive as between the parties and binding on the court in any subsequent proceedings.
This principle promotes legal certainty and prevents parties from repeatedly reopening the same dispute. It ensures that a definitive ruling remains final and may not be called into question.
In practice, res judicata is commonly invoked by means of a plea of res judicata, resulting in the dismissal of a fresh claim where it pursues the same objective as an earlier final judgment.
“The court dismissed the claim on the ground of res judicata arising from the earlier judgment between the same parties.”
Related terms
Need legal advice?
Schedule a free consultation with one of our specialists