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.
Definition
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.
Frequently asked questions
If the legal basis (causa) differs, res judicata does not apply. If it is the same basis, the new claim will be dismissed as inadmissible.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.