Origins and Development of the Principle “nunquam transeunt in rem iudicatam causae de statu personarum”: Historical-Critical Considerations

Abstract

The origin of the principle according to which nunquam transeunt in rem iudicatam causae de statu personraum has been identified in the decretal Lator (X.2.27.7), although the institution does not seem to derive from the decretal but from its summarium. The justification ob periculum animae traditionally given by the doctrine of the decretalists presented some notable weak points and critical aspects. The 1917 codification and the subsequent doctrine marked the decline of this justification and pushed the doctrine to seek new strands of justification