Res judicata in Law 15/2105, of Voluntary Jurisdiction

Abstract

In terms of legal doctrine, the regulation of res judicata in paragraphs 3 and 4 of artículo 19 of the Voluntary Jurisdiction Law is configured as one of the main developments of the Voluntary Jurisdiction new model.

According to the new regulations, resolutions of Voluntary Jurisdiction, outside the scope of Voluntary Jurisdiction have no effect of res judicata, but it is in this area, the resolutions has negative and positive effects, so the usual statement related to no res judicata on voluntary jurisdiction, should be qualified in the sense that the resolution which ends the proceeding in the domestic scope of Voluntary Jurisdiction does produce the effect of res judicata in its positive effects and negative. A same resolutions can not exist and cease to exist for voluntary jurisdiction and subsequently to the contentious jurisdiction, for this reason decisions which are res judicata issued under the Voluntary Jurisdiction have prejudicial positive effects not only on Voluntary Jurisdiction but also on Jurisdiction Contentious. Denying the effect of res judicata to the voluntary jurisdiction, within its own framework, introduce a dangerous variable, and would create legal uncertainty for litigants and for the Justice Administration own performance.