EFECTELE JURIDICE ALE HOTĂRÂRILOR JUDECĂTOREŞTI

Abstract

The judicial decision is a procedural act emitted in a written form, with an individual and authoritative character, adopted by the judicial instance on the grounds of the legislation in force, in the process of examination and settling out of the civil cases.Being both a realization and a law enforcement document, the impact of the judicial decisions increase in the context of the achievement of the civil justice goals. According to the effects produced, the judicial decisions are divided into final, not final and irrevocable.The possibility of contestation of the decision emitted by the judicial instance does not allow to affirm that from the date the decision was pronounced the litigation has been settled out and the legal order has been reestablished. Thus, only after it remains irrevocable, the judicial decision may be considered as truth, that is to say it shall obtain the power of an adjudicated thing. The authority of the adjudicated thing represents a guarantee for the stability of the outcome of the making justice process.According to our civil procedure legislation, a judicial decision acquires the authority of the adjudicated thing if it produces some juridical effects: obligativity, executeness, exclusiveness and prejudiciality. The decisions become obligatory and executory since they remain final. The other two effects appear from the moment the decision remains irrevocable.The obligativity of the judicial decisions extends, firstly, on the participants at the process. For the persons who were not involved in the process the obligatory character is still problematic from the point of view of the national regulations.The executeness means the possibility of a forced execution of the decision pronounced by the court, in case it is not executed voluntarily.The exclusiveness determines the impossibility of a repeated addressing to the court of the same parties and of their rights successors with the same claims, on the same grounds. The prejudiciality makes it impossible to give estimation in another process of the facts and juridical relations which have already been established through a judicial decision.