The Distinction Between Judgments Enjoying the Authority of Res Judicata and Judgments Enjoying Enforceable Effect: A Legal Analytical Study

Abstract

Abstract: This study aims to distinguish between the concepts of res judicata (the authority of a final judgment) and the enforceability/finality of judgments in judicial decisions, as each plays a distinct role within the judicial system and produces different legal effects on the parties to a dispute. Judicial judgments constitute a fundamental instrument for achieving justice and settling disputes; however, controversy persists regarding the distinction between judgments that enjoy the authority of res judicata and those that possess the force of finality. The significance of this study lies in clarifying the substantive differences between the two concepts, particularly in light of the lack of clear legislative regulation in this regard, which contributes to avoiding practical complications arising from their conflation in judicial application. The core research problem revolves around distinguishing between judgments vested with the authority of res judicata and those vested with the force of finality, given that each entails different legal effects on litigants and the stability of rights. The study adopts an analytical and descriptive methodology, drawing on doctrinal opinions and statutory texts in Iraqi and Egyptian legislation, with reference to other relevant legal provisions where necessary. The research is structured into two main sections: the first addresses the concept of judicial judgments vested with the authority of res judicata and those vested with the force of finality, while the second focuses on delineating the distinctions between them. The study concludes that res judicata entails the prohibition of re-litigating the same dispute once a final judgment has been rendered, thereby ensuring judicial stability and preventing the duplication of judgments, whereas the force of finality relates to the binding enforceability of the judgment, whereby it becomes final and no longer subject to ordinary means of appeal, without prejudice to the availability of extraordinary remedies. In light of these findings, the study recommends the enactment of clear statutory provisions that provide precise definitions of both concepts, guiding courts to ensure that litigants and judges properly understand the distinction between authority and finality, and encouraging higher courts to issue interpretive rulings clarifying the scope and application of both concepts. The study demonstrates that the distinction between the authority of res judicata and the force of finality is not merely theoretical, but has practical implications that affect the stability of judicial