Die objektiven Grenzen der Rechtskraft im Zivilprozeß

The German code of civil procedure contains a rule which outlines the scope of res judicata. Klaus Reischl shows that the prevailing opinion on this rule is the result of a misinterpretation. He examines the development of the idea of res judicata from the standpoint of history and legal theory and analyzes the intrinsic value of the rule. He provides a version of interpreting the rule which not only takes the procedural understanding of the effect of the judgment into consideration but also deals with the structure of the judgment.