By Raphaël MORENON
8 April 2025
In our previous article, we explored the fundamental principle of res judicata: the idea that a case decided by the courts should not, as a general rule, be tried again. It is a pillar of our legal system, ensuring stability and social peace. But what does this mean in practical terms for you? If you have lost a case, can you simply reformulate your claim or use a different argument to try your luck again? Conversely, if you have obtained a favourable decision, are you completely safe from a new action by your opponent on the same subject? The answer lies in one of the key aspects of res judicata: its authority. More precisely, its negative effect, enshrined in the adage Non bis in idem (not twice for the same thing), prohibits the resubmission to the courts of a case identical to the one that has already been decided. But what is a...
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