Legal system for payment of advance notice

Abstract

Abstract:

The plea of ​​prior adjudication of the case is considered one of the most important pleas directed at a civil suit, as the right holder aims to prevent his opponent from enjoying judicial protection, due to the previous adjudication of the subject matter by a previous ruling. The binding force of the adjudicated matter cannot be upheld unless this plea meets complementary and supportive conditions, the existence of which does not replace the other. The plea of ​​prior adjudication of the case has raised a major dispute among jurists. Some of them have included it among the formal pleas, while others have included it among the substantive pleas. Others see it as an intermediate plea that is neither for one nor for the other. This jurisprudential dispute has led to a dispute in the legislative position regarding the classification of this plea, whether it is one of the pleas related to public order or is it established for the benefit of the opponents. Those who considered it related to public order have established important results for it, while those who have included it in the interest of the opponents have placed the burden of proof on those who have an interest in it. Accepting this plea has important effects, as we will try to address all of these ideas in this study.