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 of Global Affairs and Public Policy
LLM in International and Comparative Law
Date of Award
Online Submission Date
Committee Member 1
Committee Member 2
vi, 85 leaves
Library of Congress Subject Heading 1
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Khalil, F. E.
(2008).Beyond triple identity: The Judicial Transformation of the Doctrine of Res Judicata in Egyptian Law [Thesis, the American University in Cairo]. AUC Knowledge Fountain.
Khalil, Fatma El Zahraa Ibrahim. Beyond triple identity: The Judicial Transformation of the Doctrine of Res Judicata in Egyptian Law. 2008. American University in Cairo, Thesis. AUC Knowledge Fountain.
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