Res judicata

Legal meaning

For substantive res judicata, the identity required by the law is examined between the earlier and the later action with respect to the parties, the cause of action and the relief sought. Although the operative part of the judgment is decisive, the reasoning and necessary connections may be taken into account in determining the scope of the judgment.

Formal finality means that no possibility remains of applying to an ordinary legal remedy against the decision. Substantive res judicata, on the other hand, means that the dispute resolved in the decision cannot be made the subject of new proceedings. Not every procedural decision creates substantive res judicata.

In assessing the cause of action, the material facts on which the claim is based, not merely the article of law relied on or the legal label, are taken as the basis. The reasoning may play a role in explaining the scope of the operative part; not every assessment in the reasoning on its own creates independent res judicata (Article 303 of the Code of Civil Procedure, HMK).

Key elements and practical criteria

• That the same action has not previously been decided by a final judgment is a procedural prerequisite.
• It is examined by the court of its own motion.
• Identity of parties, cause of action and relief sought is required.
• Formal and substantive finality are distinguished.

Practical importance

Filing a new action concerning the same event without examining the earlier case file and the scope of the judgment may lead to dismissal on procedural grounds. On the other hand, a different period, a new fact or a different relief sought may change the res judicata assessment.

Commonly confused concepts

• Lis pendens (derdestlik) refers to the same action still being pending; res judicata refers to the earlier action having been concluded finally.
• The concept of conclusive evidence (kesin delil) concerns the law of evidence; res judicata concerns the binding effect of a previous judicial decision.

Practical example

If the same claim for a debt arising from the same contract between the same parties has been rejected by a final judgment, filing a new action with the same facts and the same relief sought may run up against the res judicata bar.

Frequently asked questions

Does every decision that becomes final create substantive res judicata?

No. The type of decision, whether it concerns the merits, and the conditions of identity with the later action are examined.

If a new event occurs, does res judicata still constitute a bar?

A new fact or a different period arising after the earlier judgment may change the cause of action and the relief sought; a specific examination is needed.