Research on the Essence of res iudicata in Roman Law. Selected Research Problems

Abstract

Article presents the essence of res iudicata in the civil ancient Rome. The author has reviewed and a brief analysis of the views of science of Roman law relating to selected research problems related to this topic. The importance of the legal issues taken in the article confirms, inter alia, a wide selection of sources of Roman law, cited by the author in the article. Do not omit the importance of the issues auctoritas rei iudicatae in the context of the formulation of auctoritas rerum similiter iudicatarum which can be found in the sources of Roman law. It also discusses the importance of precedent- setting judgments in Roman law and there have been attempts to answer the question whether res iudicata was the source of Roman law. The author concluded in his article also issues related to the recognition of the judgment for the rule of law (in the context of the statements coming from D. 24, 3, 66 pr.). Topics legitimacy of a court judgment undoubtedly requires a broader treatment in a separate publication monograph on this subject, because so far it was taken by the various authors in Polish literature and foreign language only when discussing other, usually more general issues. This article must therefore be regarded as a contribution to further research the author on this issue.