Kanteenmuutoskielto, prekluusio ja oikeusvoima – prosessioikeuden klassikkoja
Avainsanat:
prosessioikeus, oikeudenkäynti, kanteenmuutoskielto, prekluusio, oikeusvoimaAbstrakti
Lakimies-aikakauskirjan parhaan kirjoituksen palkinto 2015
Modification of civil action, preclusion and res judicata – classic themes of procedural law
This article examines the modification of a civil action. The main rule, according to chapter 14, section 2, of the Code of Judicial Procedure, is that a civil action cannot be altered during the trial. However, there are three exceptions to this prohibition. Moreover, not all modifications of action are deemed to be alterations. According to the well-established interpretation, modification of action is allowed without limitations when the legal consequences of the claim remain the same. Even so, the preclusion rule may prevent the modification of action. In its recent case-law, the Supreme Court has ruled that the limits of a permissible modification of action and the effects of res judicata are mutually consistent. A new action on grounds that the claimant could have presented as a odification of action in earlier proceedings is inadmissible. This means that there is quite a wide scope of res judicata effect and the finality of a judgment. This outcome is justified, as regards the requirements of legal certainty and due process from the defendant’s point of view. However, a wide res judicata effect may cause problems as regards the remedies available to the claimant. It is important that the claimant gets guidance, in the form of process management in the court, to ensure that the possibility of modification of action is used when needed. There usually will be no second chance.
