Chapter 14 explores how res judicata on issue determination operates in subsequent litigation with nonparties. It argues that res judicata can be used offensively and defensively by nonparties, and that when used defensively it tends to determine final judgment against the plaintiff, requiring no other defenses to be presented. On the other hand, when used offensively, final judgment may require litigation of other issues necessary to grant relief. Finally, this chapter also examines the procedural pathways available to anyone seeking to avoid the harmful application of res judicata on issue determination in repetitive litigations involving the same issue: reverse declaratory action, passive class action and the special procedure to solve repetitive litigation of the same question of law (IRDR).

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The Operation of Res Judicata on Issue Determination in Favor of Nonparties

  • Luiz Guilherme Marinoni

摘要

Chapter 14 explores how res judicata on issue determination operates in subsequent litigation with nonparties. It argues that res judicata can be used offensively and defensively by nonparties, and that when used defensively it tends to determine final judgment against the plaintiff, requiring no other defenses to be presented. On the other hand, when used offensively, final judgment may require litigation of other issues necessary to grant relief. Finally, this chapter also examines the procedural pathways available to anyone seeking to avoid the harmful application of res judicata on issue determination in repetitive litigations involving the same issue: reverse declaratory action, passive class action and the special procedure to solve repetitive litigation of the same question of law (IRDR).