Results 71 to 80 of about 450,877 (187)

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

The ICJ Advisory Opinions in the Mechanism of Ensuring of Meeting Commitments under International Treaties

open access: yesМосковский журнал международного права, 2015
An article deals with significance of advisory opinions of the International court of justice for the process of ensuring for meeting commitments under international treaties.
Natalia S. Simonova
doaj   +1 more source

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

The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals

open access: yes, 2016
There are currently no rules in international commercial arbitration law and practice assuring the coordination between arbitral awards and/or national court judgments rendered in identical or related cases.
Schaffstein Silja
core   +1 more source

The preclusive coming into force of res judicata

open access: yes, 2021
A coisa julgada é o instituto que confere segurança a todas as relações jurídicas levadas à apreciação do Poder Judiciário. A coisa julgada confere imunização da decisão prolatada pelo Poder Judiciário.
Ozanan, Bruna Araujo
core   +1 more source

STABILITY, IMMUTABILITY OF THE ANTICIPATED EFFECTS AND THE EFFECT OF RES JUDICATA: AN IMPROVED VERSION

open access: yesRevista Eletrônica de Direito Processual, 2016
This paper has the objective of analyze the concept of stabilization of the antecedent anticipated decision, introduced by the Civil Procedure Code of 2015.
Roberto P. Campos Gouveia Filho   +2 more
doaj   +1 more source

A Thorough Explainer of Res Judicata

open access: yes, 2022
Res Judicata is a maxim which prohibits the relitigation of a suit on the same cause of action as it was originally litigated on. The maxim has its roots in the Roman Legal system only to be given to our legal practice by the British. In this paper, the modalities of the concept of Res Judicata have been thoroughly explained and examined via principles
openaire   +2 more sources

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