Judicial principles and studies
Request for Retrial and Notice to Heirs: Conflicting Judgments and Amended Claim
A concise summary of the conditions and procedures for requesting a retrial under Article 213, the res judicata effect of judgments, and the procedure for notifying heirs and continuing proceedings after a party's death.
Courts and procedure
Judicial principles and studies
Updated: 10 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A concise summary of the conditions and procedures for requesting a retrial under Article 213, the res judicata effect of judgments, and the procedure for notifying heirs and continuing proceedings after a party's death.
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- Subject
- Summary
- Practical significance
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Subject
A concise review of the framework for requesting a retrial under Article 213 of the civil procedure law, the requirements for invoking two conflicting final judgments, the res judicata effect and unity of parties and subject-matter, and the procedures for notifying heirs and continuing proceedings after a party's death.
Summary
- A retrial request is examined in two stages: first the court must verify procedural timeliness and that the challenged judgment is res judicata and based on a ground listed in Article 213; second, the court rules on the merits, and it may both admit the request and decide on the merits in a single judgment. - Reliance on Article 213(8) requires two final conflicting judgments issued between the same parties, in the same capacity, and on the same subject-matter. - The evidentiary principle of res judicata bars admission of evidence that contradicts the final judgment when the same parties (without change of status) and the same right are involved; the subject-matter is considered identical if the new suit would reproduce or oppose the earlier judgment. - Article 11(c) applies only to conflicts between final judgments issued by courts of different functions among the enumerated courts, and it is relevant when one of the conflicting judgments has not been executed. - Articles 123(3), 174 and 188(2) prescribe the steps on a party's death: notifying heirs listed in the civil registry or giving general notice by publication in two newspapers, and continuing the action against the heirs because death does not terminate a properly constituted dispute.
Practical significance
- A retrial applicant must ensure the procedural and substantive requirements are met and that unity of parties, capacity and subject-matter hold before relying on a conflicting judgment. - On a party's death, the court must notify heirs per the civil registry or by publication and proceed against them; the litigation does not lapse due to death alone. - Determining applicability of conflict rules requires establishing whether the conflicting judgments emanate from courts of different functions and whether one judgment remains unexecuted. This is an educational summary only; it is not a judicial text or legal advice.
Frequently asked questions
Subject?
A concise review of the framework for requesting a retrial under Article 213 of the civil procedure law, the requirements for invoking two conflicting final judgments, the res judicata effect and unity of parties and subject-matter, and the procedures for notifying heirs and continuing proceedings after a party's death.
Summary?
- A retrial request is examined in two stages: first the court must verify procedural timeliness and that the challenged judgment is res judicata and based on a ground listed in Article 213; second, the court rules on the merits, and it may both admit the request and decide on the merits in a single judgment. - Reliance on Article 213(8) requires two final conflicting judgments issued between the same parties, in the same capacity, and on the same subject-matter. - The evidentiary principle of res judicata bars admission of evidence that contradicts the final judgment when the same parties (without change of status) and the same right are involved; the subject-matter is considered identical if the new suit would reproduce or oppose the earlier judgment. - Article 11(c) applies only to conflicts between final judgments issued by courts of different functions among the enumerated courts, and it is relevant when one of the conflicting judgments has not been executed. - Articles 123(3), 174 and 188(2) prescribe the steps on a party's death: notifying heirs listed in the civil registry or giving general notice by publication in two newspapers, and continuing the action against the heirs because death does not terminate a properly constituted dispute.
Practical significance?
- A retrial applicant must ensure the procedural and substantive requirements are met and that unity of parties, capacity and subject-matter hold before relying on a conflicting judgment. - On a party's death, the court must notify heirs per the civil registry or by publication and proceed against them; the litigation does not lapse due to death alone. - Determining applicability of conflict rules requires establishing whether the conflicting judgments emanate from courts of different functions and whether one judgment remains unexecuted. This is an educational summary only; it is not a judicial text or legal advice.
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