قواعد الدفع بسبق الفصل في الدعوى و آثاره : دراسة تحليلية في قانون المرافعات : مقارنة بالفقه الإسلامي

الملخص EN

The pleading of Res Judicata consider being one of the most important motions a plaintiff might raise to hold the court from hearing the matter that has been adjudicated by a competent court, that pre-decided matter known as a res judicata issue.

This is because it is not acceptable logically or practically for disputes to be everlasting, that will shake individual legal status and wasting people's rights.

Thus, disputes must cease at a certain point and became a terminated issue.

This termination matter is the court judgment in the disputed matter which label the dispute as “res judicata”.

To put that procedural protective mechanism into practice, the legislature at the civil procedure code nu.

116 made a plea of res judicata a binding rule of public order, which means the court has the discursion authority -without any of the party's request- to order that issue has been adjudicated before.

It no longer considers as a legal right to the parties who may decline to assert it instead, it became mandatory on the court and the parties to raise it.

The research discussed that matter analytically comparing the procedural act with the Islamic jurisprudence in an introductory section.

That section also discussed the res judicata of the court order because this is the far end of that rule.

In the first chapter, we discussed the legal character of res judicata pleading and its objective rules.

Followed by a second chapter illustrates the procedural rules to raise that motion of “res judicata” and its legal consequence, finally we raped the research with a brief summary to sort out the results and recommendations.