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The Legal Basis Of The Authority Of The Ciriminal Res Judicata in Civil

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The civil judge is not bound by any findings made by the criminal court. So the criminal law and civil law are quite different fields. While the civil court can not be bound by the subsuming made by the criminal judge by against it must respect the findings of fact made by the criminal court. For the existence of positive and negative effect of res judicata, it is necessary that the parties and claims are the same. While the parties and requests can not be accepted the same, one can not speak of the positive or negative effect of res judicata. The denial of civil juje of findings of fact by the criminal judge is likely to provoke a breach of public order. Then the puplic order is the basis of the effect of the criminal decision.

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Subsuming , responsability law , fact , res judicata , public order

Hukuk Araştırmaları Dergisi

464