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Monograph Series · Third series › Part IV Finality, appeal and the correction of error › III-24 · First edition

At What Point Is a Right Settled: New Grounds and Preclusion

Can a payment made after the judgment prevent enforcement of the right the judgment settled?

Part
Part IV Finality, appeal and the correction of error
Sections
6 sections
Length
about 27,700 words · 2 h
As of
2026-10-15
Volume contents
  1. Abstract
  2. Synthetic case
  3. 01The Object of Objection After Finality
  4. 02The Reference Point Established by Law
  5. 03New Evidence and New Grounds
  6. 04Why Grounds Must Be Raised Together
  7. 05Objection to the Enforcement of a Claim and the Scope of Finality
  8. 06Conclusions That Change with Time

Abstract

This volume asks whether a repayment made after the judgment can prevent enforcement of the settled right. Reasserting matters that predate the reference point differs from raising grounds of extinguishment that arose afterward. Confusing the time of occurrence with the time of discovery collapses the boundary between a new defense and repeated litigation. The path to relief opens where a ground of objection, such as extinguishment of the claim, arose after the statutory reference point of the judgment and that ground was asserted together with the others, and closes where the ground of objection itself existed before the reference point and only its evidence was discovered later, so that the requirement of a newly arising ground is not satisfied. The six sections address, in turn, the object of objection after finality, the reference point established by law, new evidence and new grounds, why grounds must be raised together, objection to the enforcement of a claim and the scope of finality, and conclusions that change with time. The strongest counterargument is as follows. If even circumstances unknown at the time are excluded, the stability of finality overwhelms the truth. Case chronologies, management of parallel proceedings, and new evidence in criminal retrial are not addressed in this volume.

Synthetic case

The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.

Debtor B asserts that repayment was made after the judgment, while Creditor A seeks to continue execution on the ground that the judgment is already final and conclusive.

6 sections and their questions

  1. 01The Object of Objection After Finality

    What is the gateway for again disputing a claim under a final and conclusive judgment?

    19 min
  2. 02The Reference Point Established by Law

    When must a new ground of objection arise?

    20 min
  3. 03New Evidence and New Grounds

    Is a belatedly found receipt the same as a new repayment?

    18 min
  4. 04Why Grounds Must Be Raised Together

    May multiple grounds of objection be raised separately, one after another?

    22 min
  5. 05Objection to the Enforcement of a Claim and the Scope of Finality

    If execution is blocked, are all the reasons of the earlier judgment also erased?

    22 min
  6. 06Conclusions That Change with Time

    What must be verified before concluding that a ground is new?

    19 min
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