Full Description
This book offers a comprehensive exploration of the concept of "res judicata" (thing judged) in the context of both common law and civil law systems, with a particular focus on the Brazilian Civil Procedure Code. It delves into the historical evolution, theoretical foundations, and practical implications of issue preclusion, or the prohibition of relitigating decided issues. The work also examines the development of issue preclusion in common law, especially in the United States, discussing key concepts like estoppel, collateral estoppel, and the breakdown of mutuality. Landmark cases such as Blonder-Tongue and Parklane are analyzed to illustrate the evolution and application of these principles. It contrasts the common law approach with the civil law tradition, particularly the Italian legal system, critiquing the influence of Roman law and the doctrines of prominent jurists like Chiovenda, highlighting the limitations and values underlying the restriction of res judicata to the judgment of the claim. The author explains the extension of res judicata to issues, including the benefits for third parties, discussing the requirements for issue preclusion, the relationship between issue preclusion and the main claim, and the impact of issue preclusion on arbitration and mandatory precedentes, making this book an essential resource for legal scholars, practitioners, and students interested in understanding the complexities of res judicata across different legal systems and its critical role in ensuring legal certainty, coherence, and efficiency in judicial proceedings.
Contents
Introduction.- Part I - Res Judicata on the Matter in Common Law - Especially in U.S. Law.- 1. From Estoppel to Res Judicata on the Matter.- 2. Collateral Estoppel in U.S. Law.- 3. The Breakdown of the Mutuality Rule or the Idea that Res Judicata is Restricted to the Parties.- 4. Foundations of the Break with Mutuality.- 5. The Prohibition of Re-litigating Decided Issues in the Context of Virtual Representation and Class Action.- 6. Nonmutual Collateral Estoppel, Virtual Representation, and Stare Decisis.- Part II - Res Judicata on the Matter in Civil Law - Particularly in Italian Law.- 1. The Revival of Roman Res Judicata in Chiovenda and the Insufficiency of the Doctrine that Influenced Various Civil Law Systems.- 2. Underlying Values of Limiting Res Judicata to the Claim.- 3. The Difficulty in Seeing that Res Judicata Can Be Invoked by Third Parties.- Part III - Res Judicata on the Matter in the Brazilian Code of Civil Procedure.- 1. Foundations for Extending Res Judicata to Issues, Including in Favor of Third Parties.- 2. Requirements for the Configuration of Res Judicata on the Matter.- 3. Invocation of Res Judicata on the Matter.- 4. Res Judicata on the Matter, Reasons for the Judgment, and Truth of the Facts.- 5. The Relationship Between Res Judicata on Prejudicial Issue and Res Judicata on Principal Issue.- 6. Moment of Effectiveness of Res Judicata on the Matter.- 7. Res Judicata in Favor of Third Parties.- 8. Operability of Res Judicata in Favor of Third Parties.- 9. Res Judicata on the Matter in Favor of Third Parties and Binding Precedents.- 10. Res Judicata on the Matter and Arbitration.- Conclusion.
