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 article aims to clarify the controversy over whether extrajudicial forensic expertise represents evidence or not. The beginning of the article deals with some general considerations on the notion of expertise, when and by whom it is ordered, and who can carry out the forensic expertise. Then the results of a comparative study on the regulation of the expertise in criminal and civil law are presented, while demonstrating that...