‘Rome Has Spoken, the Cause Has Ended; Rome Spoke through Her Laws.’
7 Pages Posted: 10 Jan 2019
Date Written: December 29, 2018
Abstract
One of the pillars of Roman law is contained in the maxim res judicata pro veritate accipitur, that is, a thing adjudicated is received as the truth. This maxim of Roman law is based upon two other maxims of Roman law, namely, interest reipublicae ut sit finis litium, that is, it concerns the State that there be an end to law suits, and, nemo debet bis vexari pro una et eadem causa, that is, no man should be vexed twice over for the same cause. Doctrine of res judicata simply put states that, ‘If a person though defeated at law sue again he should be answered, “You were defeated formerly”’. The recognised basis of the rule of res judicata is different from that of technical estoppel. Estoppel rests on equitable principles and res judicata rests on maxims which are taken from Roman law.
Keywords: Shivam Goel, Res Judicata, Civil Procedure Code
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