La cosa juzgada en el derecho canónico medieval

Abstract

The main points in the first evolution of the jurisdictional activity and the Church's procedural norms are presented. The latter were obtained from Roman and Germanic law, Gratian being the first to attempt to systematize such norms and give them a new perspective. As for the res iudicata, Gratian owes it to Roman law, because he seizes on the con­cept of res iudicata, but with dramatic modifications. However, the problem presented by the res iudicata was not appreciated as it should have until times following Gratian's decree, because, at the beginning, the Church was more concerned with everything relating to moral judgment; it was the moral imperative of truth and of justice the one which forced Gratian to correct the effect of immutability of the res iudicata. In the Decretals, the Roman concept of res iudicata still prevailed; all in all, an evolution in the canonical concept of res iudicata can be noticed; this goes from the mere acceptance of the Roman concept, which considers its irrevocability in the final decision, to a broader concept, where the irrevocability is seen as unchallenged final decision in due time. The Roman principle attempted to assimilate unappealable judgment with final decision. The step forward given by the canon law was the assimilation of the concept of unappealable judgment with that of unchallenged decision, with which the decision -that becomes res iudicata because it has not been challenged to lodge the appeal during the course of ten days turns to be indisputable.