Results 51 to 60 of about 26,747 (200)

The U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Issue Preclusion: A Traditional Collateral Estoppel Determination [PDF]

open access: yes, 2004
Although the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides for the “recognition” and “enforcement” of non-domestic arbitral awards in commercial disputes,1 this article will show that in order for an ...
Sudol, Sabrina M.
core   +3 more sources

The Admissibility of Subregional Courts’ Decisions before the African Commission or African Court

open access: yesMizan Law Review, 2013
Some courts of Regional Economic Communities deal with human rights and they base their decisions on the African Charter on Human and Peoples’ Rights. Other subregional courts have directly or indirectly considered human rights matters.
AJ Ali
doaj   +1 more source

THE DEFENSE OF TRANSIN DIVIDUAL INTE RESTS : BRAZIL AND IBERO-AMERICA

open access: yesBRICS Law Journal, 2016
This article deals with the background, applicability and requirements of collective actions in the defense of transindividual rights and interests, both diffuse and collective, homogenous individual rights, as well as citizen’s actions in the context of
A. P. Grinover
doaj   +1 more source

THE SUBJECTIVE LIMITS OF THE RES JUDICATA IN BRAZILIAN CLASS ACTIONS, THE INADEQUACIES OF ARTICLE 16 OF THE ACT 7,347/85 AND THE POSSIBILITY OF A FUTURE CHANGE IN THE STJ CASE-LAW ON BASIS OF THE JUDGMENT-ALERT TECHNIQUE

open access: yesRevista Eletrônica de Direito Processual, 2016
This paper has the scope to study, within the collective procedural law, the res judicata, focusing on its subjective limits as well proceed an analysis of the improprieties referred in the article 16º of Law nº 7.347/85 and finally demonstrate the ...
Gustavo Silva Alves
doaj   +1 more source

CONSOLIDAREA LEGISLATIVĂ ȘI APLICATIVĂ A PUTERII LUCRULUI JUDECAT

open access: yesStudia Universitatis Moldaviae: Stiinte Sociale, 2018
Acest articol vine să clarifice efectul puterii lucrului judecat, să scoată în evidență punctele slabe ale legislației mate­riale și procesuale în ceea ce privește valorificarea efectului puterii lucrului judecat.
Ion CARAMAN
doaj  

Redefining claim preclusion from verdict sovereignty: partial res judicata in jury trials

open access: yesRevista Brasileira de Direito Processual Penal, 2020
Jury trials have presented themselves in history as an important instrument for the consolidation of democratic processes, because they are a tribunal for which the people are summoned to discuss and directly judge facts that have occurred in their ...
Paulo Gustavo Rodrigues
doaj   +1 more source

THE PROTECTION OF CONTRADICTORY IN THE BRAZILIAN NEW CIVIL PROCEDURE CODE: THE PROHIBITION OF “SUPRISE DECISIONS”; CONDITION TO THE EXTENSION OF THE OBJECTIVE LIMITS OF “RES JUDICATA”; IDENTIFYING UNMOTIVATED DECISIONS

open access: yesRevista Eletrônica de Direito Processual, 2016
This article aims to analyze different kinds of judicial protection to the contradictory principle in the new Civil Procedure Code. As a procedural fundamental right, contradictory demands real application by judges and legislators.
Paulo Henrique dos Santos Lucon
doaj   +1 more source

Bankrupt Estoppel: The Case for a Uniform Doctrine of Judicial Estoppel as Applied Against Former Bankruptcy Debtors [PDF]

open access: yes, 2012
This Note examines the role judicial estoppel plays in supporting the U.S. federal bankruptcy regime. Though once considered an obscure doctrine, the use of judicial estoppel to bar pursuit of previously undisclosed claims by former bankrupts has grown ...
Hilmo, Eric
core   +1 more source

Relativization of the material “res judicata” in the brazilian civil suit
Relativização da coisa julgada material no processo civil brasileiro

open access: yesScientia Iuris, 2006
It also addresses the debate about the revitalization of the res judicata in the civil suit of the individual cognitive tutelage when the sentence goes against constitutional norms or principles. It highlights that only the existent sentences, which lead
Maria Isabel Araujo
doaj  

IMMEDIATE EXECUTION OF FINE APPLIED IN INJUNCTION ON CIVIL PUBLIC ACTION: CRITICAL ANALYSIS OF ART. 12, § 2, OF BRAZILIAN LAW 7.347/1985

open access: yesRevista Eletrônica de Direito Processual, 2016
The authors criticize the legal article that requires the advent of “res judicata” to the execution of the fine applied at the beginning of a public civil action (Law 7.347/1985, art.
Ney Maranhão   +1 more
doaj   +1 more source

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