Chapter Third: Effects of Judgments

Article 552

A judgment is judicial if it is rendered in a dispute between parties, and petitional if it is rendered without any dispute.

Article 553

1. A final judgment is one that decides the principal claim as defined in Article 365, or one that decides one aspect of the claim or a plea or defense related thereto, and is final with respect to what it has decided. 2. A final judgment removes the case from the jurisdiction of the court. 3. A final judgment is deemed absolute when it is no longer or has ceased to be subject to appeal through ordinary appeal channels. 4. A judgment is deemed irrevocable or final when it is no longer subject to appeal through any ordinary or extraordinary appeal channels.

Article 554

Any decision rendered before deciding the merits of the dispute concerning one of the measures of investigation or evidence is preliminary. The preliminary decision does not have the effect of res judicata with respect to the merits of the dispute. However, the court must observe it unless new circumstances arise.

Article 555

1. Any decision ordering the taking of a precautionary measure or an urgent measure necessitated by the circumstances of the case during its consideration shall be provisional.

Article 556

1. Final judgments have the authority of res judicata as of their issuance with regard to every dispute decided therein, in accordance with Article 302. They also have executive force in accordance with the provisions of Article 564. 2. The effect of judgments extends to the successors of the parties, and is applicable for the benefit of the co-debtors of the judgment creditor, whether jointly and severally or in indivisible obligations, in accordance with the rules established by law in this regard.

Article 557

Decisions rendered on matters other than nationality which may have an effect on it do not have the effect of a decision on nationality and do not bind the court competent to decide on its matters.

Article 558

Regardless of the duration of the lapse of time on the disputed right, this duration shall be ten years with regard to the right established by the judgment. The lapse of time shall not apply to a judgment that denies the existence of a claimed right, nor to a judgment that rules on the establishment of a right that is not subject to extinction by the lapse of time.

Article 559

Whatever the period of prescription on the disputed right, this period shall be ten years with respect to the right established by judgment. Prescription does not apply to a judgment that denies the existence of an asserted right nor to a judgment that establishes a right not subject to lapse.