Final and binding effect (retskraft)
Also known as res judicata, final judgment, binding effect
Retskraft is what a judgment acquires once the appeal deadline has passed without an appeal — the case is settled, and the same claim cannot be litigated again.
- Arises
- Once the appeal deadline passes
- Means
- The case cannot be brought again
- Tied to
- Appeal
In practice
Retskraft is what makes a judgment final. For as long as the appeal deadline is running, the decision can still be changed. Once it has passed without an appeal, the question is settled once and for all between the same parties.
That has two consequences pulling in opposite directions. The welcome one: the claim is now established, and the limitation period becomes ten years instead of three. The unwelcome one: the case cannot be run again. If a claim was not advanced, or was stated too low, that opportunity has been used.
Which is why the first case is the one that matters. It is not a dress rehearsal to be adjusted afterwards.
Where it commonly goes wrong
- The claim is stated too low the first time. Interest and costs left out cannot be recovered in a fresh case about the same matter.
- Spending the money before the deadline passes. The judgment looks final from day one but only becomes so once the appeal deadline has gone.