Reconsideration of the function of res judicata

2015 Fiscal Year Final Research Report

• Project/Area Number: 24730082
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Kobe University
• Principal Investigator: HATTA Takuya 神戸大学, 法学(政治学)研究科(研究院), 教授 (40272413)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 既判力

Outline of Final Research Achievements

The following 2 conclusion were able to be achieved: 1) There are cases where res judicata should be granted not only on the level of the object of lawsuit but also on the level of the reasoning of the judgement. 2) Among the dimentions where res judicata works, the one where the object of the first lawsuit is contrary to that of the second tends to be expanded both in Japan and in Germany. But there is a difference between the German and Japanese systems in that in Germany res judicata are understood to work as ne-bis-in-idem, whereas in Japan through res judicata the first judgement is supposed to make the basis for the second lawsuit, which makes it difficult to treat the case in which the object of the first and second lawsuit are contrary to eachother. Therefore this case is to be treated with high descretion within the context of Japanese Civil Procedure.

Free Research Field

民事訴訟法