Res iudicata

Res judicata

Res iudicata, or the authority of res judicata, means that a final judicial decision is binding and that the same case between the same parties may not be submitted again.

Res judicata is a fundamental principle of procedural law that precludes the re-litigation of a matter already finally adjudicated. This principle safeguards legal certainty and prevents interminable proceedings concerning the same facts and questions of law.

The authority of res judicata attaches once a decision becomes final and unappealable, for example upon expiry of the time limit for appeal or following a judgment that has itself become final. In practice, it binds both the parties and the court, which may not re-examine the case.

In Dutch civil proceedings this principle is applied strictly in order to deter abuse of process and to promote the efficiency of the administration of justice.

“The advocate argued that the claim was inadmissible on the ground of res judicata, as the same matter had already been finally decided.”

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