Personal Jurisdiction

In: The international & comparative law quarterly: ICLQ, Band 2, Heft 4, S. 510-541

Abstract

A Judgment inter partes has two uses in subsequent proceedings: as a defence against a plaintiff whose case is inconsistent with its correctness, or as a weapon of attack against the party condemned by it. The basis of the first use is not that the judgment made any difference to the rights of the parties, still less that the pronouncement of a court, domestic or foreign, is infallible, but that, whether or not their rights are truly as declared, that declaration will not be allowed to be contradicted.