Reflection and limitation of the extension of civil judgment effects in China
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    Abstract:

    Extension of civil judgment effects, such as res judicata and enforceability is limited in Continental law countries, eg. Germany and Japan. However, China's relevant judicial interpretations and legal practice reports indicates that the extension of civil judgment effects is reckless. Pre-decisive effect expanded the objective scope of res judicata, the relativity of res judicata has not been strictly followed, sometimes it improperly expanded to others parties outside the lawsuit; addition of the partners of a partnership as enforces, when the partnership organizations is not able to pay off its debt, is an example of the extension of enforceability. These expansions are not only incompatible with the traditional theory, but also not enough to provide procedural protects to particular party. Therefore, extension of civil judgment effects should be limited.

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廖浩.论中国民事判决效力扩张之反思与限定[J].重庆大学学报社会科学版,2016,22(3):159~164

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History
  • Received:December 14,2015
  • Revised:
  • Adopted:
  • Online: June 17,2016
  • Published: