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Beyond Triple Identity: The Judicial Transformation Of The Doctrine Of Res Judicata In Egyptian Law, Fatma El Zahraa Ibrahim Khalil

Archived Theses and Dissertations

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 …