Volume XVI: Civil Procedure | Chapter 9 (2012): Effects of Judgements (Res Judicata)
Completed in 1990 with updates in 2010.
Albrecht Zeuner and Harald Koch
A. The Constitutive Effect and its Special Features
i. The Constitutive vs. the Res Judicata Effect of a Judgement
146. The view that the constitutive effect is independent of the res judicata effect. – In a number of legal systems, but not in all and not in a consistent manner, it is thought …