Res judicata in Romanian civil procedure — no double jeopardy for civil claims
Res judicata bars re-litigation of the same dispute after a final judgment. It is one of the most important procedural defences — it protects the finality of court rulings.
Definiţie
What is res judicata in Romania?
Under art. 430–432 NCPC, a final judgment has the authority of res judicata. The same dispute between the same parties — same object and same cause — cannot be relitigated. If the defence is upheld, the new claim is dismissed as inadmissible. Res judicata has both a negative effect (bars re-litigation) and a positive effect (the findings of the prior judgment bind subsequent related proceedings). Unlike lis pendens, res judicata applies after a final judgment has been issued.
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