Form Of Res Judicata Study Of The Litigation

Right of formation is that, based on the unilateral declaration of intent of the right holder, to make the legal relation alter directly, and form a series of rights. Litigation of formation means that a litigation of charging to change the legal effect between the both parties to a case as certain right or legal relation by some form. Litigation of formation turns after the right of formation, as the professors in substantive law invent the general concept of the right family on the right of claim, control and right of pleadings. Litigation of formation turns before the right of formation but develops after it. So when we decide the litigation of formation from the right of formation, we have maken the basic logical mistakes, although there are disagreements in the theory.Litigation of formation and the right of formation own the common characters, both having the legal effect of forming some certain outcome by the unilateral declaration of intent of the right holder. That is the reason that the procedural law usually is confined to the substantive law. This tends to the result that is bad to protect the right to litigation of the party, effects the complete of right family and also is far away from the legal relief and its adequacy.Litigation is taken by one side and decided by the court to form the certain legal relations by the judges. The judgments of claim preclusion have the huge effect on the party and the others in the society. Litigation of formation mostly are stipulated by the law, involving in the right in rem and right over body and other rights on the important social relations. The litigation of formation of claim preclusion takes the effect of form the new legal relations, varying the certain relations. In substantially, everyone, who has the right of benefit of the formation, can take the litigation.The claim of preclusion of the litigation of formation has its own characters as of the importance of the litigation. The usual view of the subject aspects of claim preclusion turn to extend larger because of the litigation of formation. This litigation of formation not only protects the benefits of the party but also the others in society. The object aspects of the litigation of formation are the extent of the object of action. But as we know, people have disagreements on the object of action. And the main are the disagreement between the new substantive law theory and the new procedural law theory. It is important for us to define the object aspects for the clarity of the litigation of formation. As to the aspects of the time, we should know the beginning of the litigation and the confirmation of the litigation. The party can not take litigation later as of the same case; also the court can not make the contrary judgment for the same case. That is the beginning time and the line of the time for the case and the facts will be confirmed when the arguments on the facts have been over.In all, beginning fiom the right of the litigation of formation, putting the character of formation by the unilateral declaration in middle, realizing the right of formation newly and lastly we turning to the litigation of formation, we put the basis to the claim preclusion and thus clearly explain the theory of the claim preclusion of the litigation of formation. This paper has three parts: the first, the plumbing of the basic theory of the litigation of formation; the second, the overview on the theory of the litigation of formation; the last one, the analysis of the particularity of the claim preclusion of the litigation of formation.