The article analyzes the effects of Article 431 paragraph (2) of the Civil ProcedureCode, which does not refer to the triple identity specific to the authority of res judicata, so the opposition of the previous res judicata should not be associated with the authority of res judicata. The positive effect of res judicata obliges the subsequent court to consider what the first court has ruled through an irrevocable/definitive decision and t...

The prevailing ideology of the rules of procedure according to which the court will first rule on the exceptions that make the investigation of the merits of the case unnecessary is that, once the incidence of the exception has been pronounced, the court is stopped from expressing its opinion on the merits of the case, both in the operative part and in the recitals. Through the present study, I sought to highlight that the rules in ques...