THE FORMATION AND OBJECTIVE LIMITES OF RES JUDICATA IN THE SOCIAL SECURITY SPHERE

Abstract

The article analyzes the formation of res judicata in the social security scope and its objective limits based on criteria for defining the scope of its declaratory content found in fundamental concepts of the theory of legal fact. It also observes the legal impossibility of defending exceptional regimes for the formation of res judicata - secundum eventum probationis and secundum eventum litis - which are based on the mistaken idea of ​​an intrinsic dignity to social security rights. The article demonstrates that the social security res judicata is always formed pro et contra, which does not prevent, without prior analysis of the declaratory content of the judicial decisions and in view of the existence of new evidence, that the social security issues that are related are re-judged the existence of concrete factual support, according to the proposed classification of social security claims.