Abstract

This thesis explores the judicial transformation of the doctrine of res judicata under Egyptian law through an analysis of sixty-four decisions of Court of Cassation decisions in the period between 1935 and 2007 in civil and commercial matters. The thesis demonstrates that the Egyptian judiciary has almost abandoned the statutory triple identity test that requires identity of parties, object and cause. The judiciary developed a test of issue-identity to determine the extent to which issues decided in a previous decision bind its parties in subsequent proceedings. The judiciary uses inconsistent wording in applying this test. There is little clear scholarly writing on the topic.

The thesis argues that the test of issue-identity palliates the difficulties resulting from the identification of object and cause identity; a difficulty shared across Continental countries. The thesis shows that this test resembles to the English Common law test of issue estoppel, albeit wider in scope.

School

School of Global Affairs and Public Policy

Department

Law Department

Degree Name

LLM in International and Comparative Law

Date of Award

Fall 12-1-2008

Online Submission Date

7-24-2008

First Advisor

Hani Sayed

Committee Member 1

Chantal Thomas

Committee Member 2

Ann Lesch

Document Type

Thesis

Extent

vi, 85 leaves

Library of Congress Subject Heading 1

Res judicata

Rights

The American University in Cairo grants authors of theses and dissertations a maximum embargo period of two years from the date of submission, upon request. After the embargo elapses, these documents are made available publicly. If you are the author of this thesis or dissertation, and would like to request an exceptional extension of the embargo period, please write to thesisadmin@aucegypt.edu

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Call Number

Thesis 2008/45

Location

uarch

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