Friday, May 6, 2011

Okuribi * Date To Send Ri

Civil Procedure. Res judicata. The effects of res judicata extends not only legal facts and grounds alleged, but to those who might have argued in the first process or the above process. Also extends to the correction of those errors occurred in the previous lawsuit yaa issues that have been inferred implicitly on demand. Civil

Supreme Court Decision of March 21, 2011.

THREE. Second. Breach of Article 1252. 1 CC, as the contested decision rejecting the demand for updating the compensation to reject the validity of analyzing whether or not the court's ruling number eight in an implicit condemnation insurers to payment date of compensation to which they were convicted by the preclusive effect of res judicata. Are only likely to produce the effect of res judicata the final judgments, subject to rule on the substance of the matter, so have no res judicata effect of judgments given in summary proceedings or execution. Therefore, this room must rule on the merits of the requested update for this part and in particular on whether the ruling of the Court No 8 Madrid, 16 December 1993, includes implicitly the requirement for insurers to update the amount to which were convicted once liquidated.
The previous occasion will be considered in conjunction with the third, who denounces the violation of Article 1252. 1 CC, under Article 400 and Article 743 LEC/2000. 1 LEC and the case develops. The appeal decision has erred in dismissing the claim raised by the appellants update to appreciate and understand that res judicata can not be segregation process as set forth herein, not having asked for the upgrade in the previous procedure, which excluded ability to apply later. And all this without taking into account that different claims are exercising, because although it is understood in the first procedure did not recognize the right to update the compensation, the issue could arise in the current ex novo.
The second and third are rejected.
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