Positive effect of res judicata

Positive effect of res judicata is examined to understand the res judicata as a whole within civil procedure law. For this goal, it should be put forth the meaning of positive effect of res judicata, the objective and subjective scope of proof nature of res judicata. Proof nature of res judicata term, commonly used term to express positive effect of res judicata, does not express this institute correctly. Because, res judicata institute lists a quality of defined judgment and by its positive effect one aspect of judgment definitiveness is considered. The matters protecting by res judicata within the first case are in the objective scope of positive effect of res judicata within the second cases. These matters includes operative provisions and ratio decidendi necessarily binded to operative provisions. Subjective scope of positive effect of res judicata is determined by investigating the regulation reason of party condition in HMK article 303. It is identified that positive effect of res judicata contagion is directly related to legal hearing right. In this situation, the principle is regarded as contagion to those who has legal hearing right in the first case and provided by that right, namely parties. Third parties could use the first judgment in their own favor against the first judgment's parties in the second cases. Pro and con contagion to third parties in the second cases is considered in the cases of nonexsitence of their legal hearing right regarding procedural action in the first case.