The effect on the whole substantive law - including individual rights of the parties to the proceedings - of judicial decisions ending private litigations. It...
The effect on the whole substantive law - including individual rights of the parties to the proceedings - of judicial decisions ending private litigations. It materializes in two cumulative way. One affects the individual rights of the plaintiff - a right which has been challenged or which the suitor was in no legal position to exercise but for the leave of a judge. The other one affects the norm which lays down the individual right in question. We would take for granted that judicial decisions are credited with an obligatory force and that third parties are under a dirty to respect it, two features which are on common to the abstract rules which the judgment just into application. The effect so described is to be distinguished from what can be gratified as attributes of a judicial decision. The latter are automatic in character and are of an external nature as regards the judicial decision itself. So the law attaches certain consequences, once and for all, to given classes of judgments in order that each can fulfill its respective function. Those are: parties being estopped from raising the same issue at a later date, by the principles of res judicata; the discharging effect on the judge of its decision been made; the rights belonging to the winning party to execute the judgment in his favor against the losing one.