Abstract

A view prevails in the case law of the Supreme Court that in a trial for a further part of a performance, over and above what has been finally awarded and results from the same legal relationship, the court may not, given the unchanged circumstances, rule differently as to liability of the defendant.

However, it is assumed in the doctrine and some more recent judgments that in a partial trial for a performance, the former decision as to liability does not have a binding effect. The guarantee of unchallengeability refers only to the decision that on the basis of the established facts the claimant is entitled to the amount quantified in the statement of claim.