Final decision

In general a legal remedy can be invoked against a ruling of a judge. When one of the parties invokes such a remedy, the judgment stays revocable. This is because a higher judge will look whether the judgment of the lower judge has been correct or not.

Res judicata

From the moment that the legal period in which a legal remedy can be invoked or when the last regular legal remedy did not succeed has expired, the judgment is irrevocable. At that moment this judgment is res judicata.

When a judgment is considered res judicata, it has become the new legal reality. The judgment must then be executed at all times.

When a judgment acquires the status of res judicata, this can have far-reaching consequences. It has occurred numerous times that a judgment with the status of res judicata contradicted the factual truth. 

This can occur when e.g. a person does not contradict an unjustified claim. When the defendant does not, or does not timely, lodge an objection against an absentia judgment, the unjustified claim will be approved.

The legislator has decided, quite harshly, that in these cases legal certainty prevails over the factual truth.

Final decision

A judgment not only contains the approval or refusal of claims by a judge, but also the motivation how he reached that particular decision. In many cases the judge issues how he thinks about the legal relation between parties; which contract was applicable between them and what is constitutes, furthermore which injurious event occurred and what the consequences are of those events.

When no objections are made/invoked against these rulings and matters, it will receive the status as final decision. That means that it cannot be re-visited on a later moment, also not in other procedures.

When a party can associate himself with the judgment that he has to pay a certain amount, but cannot associate with the motivation, it could be wise to invoke a legal remedy nevertheless. This in order to prevent that the decision becomes final, meaning that judges in later instances are bound by the judgment on e.g. the legal relation.