Kracht van gewijsde
Force of res judicata
Res judicata is the binding effect that a judicial decision acquires once it has become final and unappealable, thereby binding the parties and rendering the matter definitive.
The force of res judicata arises when a judgment or ruling can no longer be challenged by means of the ordinary legal remedies, such as an appeal or cassation. This means that the decision has become final and binding, and the parties may no longer depart from it.
The concept is essential to legal certainty in the Dutch legal system, as it prevents disputes from being reopened indefinitely and enables parties to rely on the stability of judicial decisions.
In practice, this frequently allows a party that has obtained a favourable judgment to proceed with enforcement, such as by levying attachment, without the opposing party being able to raise any substantive objections.
“Because the judgment has in the meantime become final and binding, the claimant was able to proceed with enforcement of the order.”
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