A Comparative Reflection in Several Reasons for Conflicting Judgments

Abstract

The principle is to prevent conflicting judgment in procedural law. Although referred to in numerous articles, the courts still adjudicate such conflicting judgments for a variety of reasons (including single and correlated litigation). The legislator's view of two completely opposing judgments is basically to abandon the second judgment in favor of the first opinion, although in the case of appeal, there is a case where both judgments can be declared infringing due to opposition to the law. However, the conflict between the judgments is the reason for the lack of a proper legal relationship that jeopardizes the dignity of the judiciary. In other words, although the Code of Civil Procedure mentions conflict prevention strategies and treatment strategies, but, an example of the cause of the conflict has never been cited, and it is up to the litigants, including parties to dispute, lawyers, and judges, to find the cause of these disputes. Knowing the common causes can meet both educational goals and respond to judicial purposes.

Keywords

• conflict
• perfect relationship
• single and correlated litigation
• defects and ambiguities
• judiciary system