On the Basis of Res Judicata
The basis for res judicata (substantive finality) in the Code of Civil Procedure is Article 114 of the Code of Civil Procedure.
Furthermore, the scope of res judicata is governed by Article 115 of the Code of Civil Procedure.
As for the justification for res judicata (substantive finality) other than the provisions of the Code of Civil Procedure, there are two points:
(1) Res judicata is indispensable for giving civil litigation a dispute resolution function, and (2) self-responsibility for the fact that procedural guarantees (opportunities to argue) were provided in the prior litigation proceedings.
First, regarding (1), this is to ensure the dispute resolution function, which is one of the purposes of civil litigation. Specifically, litigation is a dispute over the existence or non-existence of the subject matter of the claim, and unless the judgment on the existence or non-existence of this subject matter is finalized and subsequent re-litigation is prohibited, the dispute will not end. The idea is that res judicata is essential to give civil litigation a dispute resolution function.
Next, regarding (2), in litigation proceedings, the arguments and evidence of both parties are systematically guaranteed through oral arguments. Therefore, because the procedure is guaranteed, the idea is that prohibiting subsequent re-litigation is also justified.
● References
・Yoshihiro Wada (Author), "Understanding Civil Procedure Law from the Basics" (Shojihomu, 2012), pp. 427-433
・Code of Civil Procedure Article 114
(Scope of Res Judicata)
Article 114: A final and binding judgment shall have res judicata only with respect to the matters contained in the main text.
2: A judgment on the establishment or non-establishment of a claim asserted for set-off shall have res judicata with respect to the amount asserted by way of set-off.
・Code of Civil Procedure Article 115
(Scope of Persons Subject to the Effects of a Final and Binding Judgment, etc.)
Article 115: A final and binding judgment shall be effective against the following persons:
1. The parties
2. The other person in a case where a party has become a plaintiff or defendant on behalf of another person
3. A successor of the persons listed in the preceding two items after the conclusion of oral arguments
4. A person who possesses the subject matter of the claim for the persons listed in the preceding three items
2: The provisions of the preceding paragraph shall apply mutatis mutandis to a declaration of provisional execution.
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