RES JUDICATA. – Res judicata has a twofold meaning. Understood in the formal sense, it represents the concept of the unassailability of the judgment and, consequently, of the stability of the legal situations defined by the judgment in correspondence with social needs; in this respect, the CIC establishes that res judicata exists whenever the judgment has become unappealable, with little importance attaching, in this regard, to the fact that it is still possible to institute against it a so-called extraordinary remedy (restitutio in integrum, querela nullitatis, recourse to the Holy See, ex can. 1569, third-party opposition). Understood, instead, in the substantive sense, res judicata consists in the binding force of the judgment for future proceedings and hence in the enforcement action (actio iudicati) recognized for the party in whose favor the judgment was rendered against the losing party, and in the power (exceptio rei iudicatae) possessed by each of the parties to prevent a new decision from being formed on what has already been adjudicated, and to obtain judicial recognition of the existence of the res judicata in any other proceedings of which the res judicata itself is the logical prerequisite.
As for the limits of res judicata, these are determined according to a twofold aspect: objective and subjective. According to the objective aspect, it is limited to what formed the subject matter of the proceedings, that is, what was demanded by the plaintiff (petitum) and the legal basis of the claim (causa petendi). According, instead, to the subjective aspect, res judicata has effect not only between the parties but also with regard to third parties, provided that no legal prejudice results to them from II.
If only factual prejudice resulted to the third party, then that party would be bound by the res judicata and could defend itself in no other way than by resorting to third-party opposition, a remedy which may nevertheless also be used by a third party to whom legal prejudice results: this generally occurs when the material coexistence of the third party’s right with the judgment recognizing another right incompatible with it practically reduces the enjoyment of that third party’s right.
According to canon procedural law, res judicata is formed in the following ways: a) when there are two concordant judgments; b) when an appeal is not brought or pursued within the prescribed time limits (v. APPELLO); c) in the event of the lapse (v.) of the appeal and of its renunciation (cann. 1736 and 1741); d) finally, when the judgment is unappealable (can. 1884).
In canonical proceedings, there also applies the principle that judgments rendered in cases concerning the status of persons never become res judicata; such cases include, for example, those relating to the marriage bond, the personal separation of spouses, ordination, and religious profession; in these cases, judicial reconsideration is therefore always permitted, provided, however, that new and serious arguments or documents are available (can. 1903).
In matrimonial cases, there is also the principle established by can. 1897, according to which the defender of the bond is given the unconditional power to lodge an appeal even after the two concordant judgments declaring the nullity of the marriage have been rendered.
The new examination in question assumes the nature of an appeal, inasmuch as it entails the further submission of the case before the higher judge, and it may be requested at any time.
Fernando Della Rocca
COȘBUC, GEORGE. – Romanian poet, born on 8 September 1866 at Hordău (Năsăud) to Greek-Catholic parents, died in Bucharest on 9 May 1918; in popular tradition he discerned values worthy of ancient classicism.
Having interrupted his philological studies at the University of Cluj, he became an editor of the newspaper Tribuna, where he published the poem Nunta Zamfirei («The Wedding of Zamfira», 1889). The volume Balade și Idile (1893) revealed him as a great bucolic and epic poet. In the volume Fire de tort («Threads to Be Woven», 1896), his personality asserted itself vigorously. Other original works and translations subsequently appeared: the Eneide (Bucarest 1986), Ziarul unui pierdevară («The Journal of a Good-for-Nothing», 1902), Cântece de vitejie («Heroic Songs», 1904), etc. Particularly noteworthy is the translation of the Divina Commedia in terza rima, published posthumously by Ramiro Ortiz (1925–32).