Prejudice (legal procedure)

The term force of law referred to certain legal effects, emanating from a court judgment or decision, and the conditions under which these effects occur.

The effect of res judicata can be with the Roman principle of " contra rem iudicatam non audietur " described as follows: "Against a decided thing you is not heard ." The aim of res judicata is to let the finality of judicial decisions take effect, so as to serve the law of peace and of legal certainty. Therefore, the conflicting legal force results in a new similar lawsuit or a renewed motion for similar inadmissibility.

Basically unfolds only the operative part of the Judgment force, so the court decision itself, but not their reasoning or about findings of fact. Tenor and part are saying but, especially in rejecting judgments to be interpreted " in the light " of the reasons.

In Germany, the incontestability of administrative decisions in contrast to Austria is called the stock power and must be clearly differentiated from the force of law. A distinction is the one between formal legal force and material force of law, on the other hand between the res judicata effect of the judgment process and substance of the case.

Formal legal force

Formal legal force means nonrepudiation. Permissible remedies prevent the entry of the ( formal and substantive ) legal force ( suspensive ). The appeals include in particular appeal and revision. The formal legal force occurs when there is no ordinary appeal against the decision (see § 705 ZPO). This is the case when the leave provided for this deadline pass to appeals authorized, to give it up ( appeal waiver ) or such is not provided, in particular, because the last instance has decided. That extraordinary remedies such as the constitutional complaint can still be filed, the legal force does not prevent.

That has occurred formal legal force can only exceptionally be omitted subsequently reissued. Through no fault of failure to observe the time for appeal (§ § 233 ff ZPO, § § 44 et seq Code of Criminal Procedure ) may be granted retrospectively re-establishment of rights. Under strict conditions, the process can be resumed ( § § 578 ff ZPO, § § 359 et seq Code of Criminal Procedure ). Also on a constitutional complaint can a final decision be repealed, § 95 Federal Constitutional Court Act.

Substantive legal force

Substantive law means force substantive binding effect in a personal, material and temporal point of view. It presupposes the occurrence of formal legal force and shall provide all courts and parties in later processes on the legally established legal result. This is to prevent, among other conflicting judgments and provide legal certainty for the parties. On others, who were not involved in the procedure, the binding, however, extends generally not (cf. § 325 ZPO).

In civil procedure, it is then in principle no longer allowed, the same desire to make ( the same dispute or litigation claim ) once again the subject of legal proceedings (ne bis in idem ). Moreover, in a later process when vorfrageweise the decisive question for a different claim sets ( Präjudizialität ) bound the court to determine. Here, the res judicata extends only to the claim made regularly; the court's reasoning, however, does not become final (see § 322, paragraph 1 ZPO).

In the criminal law of the judgment resulting in a criminal action ( ne bis in idem ), so that a further prosecution is barred for the same offense.

Next need under the Basic Law ( Art. 19 para 4 sentence 1 of the Basic Law and rule of law (especially legal certainty ) ) all State organs, in particular, administrative authorities, note the substantive legal force.

Inventory force deployed in public law in administrative acts of res judicata similar effects. The Constitutional Procedural Law also recognizes binding effect acc. § 31 Federal Constitutional Court Act. It covers all courts and authorities and extends as on the effects of res judicata beyond.

Judgment process and substance of the case

Process judgments are judgments in which the action is dismissed as inadmissible. You are the formal legal force capable ( for example, if the application deadline was missed ), without that they would always grow in substantive law of force: A deficiency in the of audience, for example, can be cured by the citizens of his action, there is for a lawyer, not again self- inserts, but still hired a lawyer. The substantive law of force of a judgment process relates solely to the admissibility deficiency on which the Court dismissed the action has failed on.

Property, judgments are judgments in which decisions about the admissible action in the matter and thus the merits of the action. You are procedural and substantive legal force capable. It said above applies.