Legal Definitions - in executione rei judicatae

In executione rei judicatae is a Latin legal phrase that translates to "in execution of a matter already judged." It refers to the stage of a legal process where a court's final decision or judgment is being carried out or enforced. This phrase emphasizes that the legal dispute has been definitively resolved by a court, and the subsequent actions are solely focused on implementing that binding decision.

Essentially, once a court has issued a final judgment, any steps taken to make sure that judgment is followed or fulfilled are considered to be in executione rei judicatae. The time for arguing the facts or the law of the case is over; the focus shifts entirely to enforcement.

• Example 1: Monetary Judgment Collection

  Imagine a small business owner who successfully sues a former client for $15,000 in unpaid services and wins a court judgment. If the client refuses to pay, the business owner might then seek a court order to garnish the client's wages or seize certain assets to satisfy the debt. These subsequent actions—the wage garnishment or asset seizure—are taken in executione rei judicatae. The court has already definitively determined that the client owes the money, and these steps are simply the legal mechanisms to enforce that established financial obligation.

• Example 2: Specific Performance in a Contract Dispute

  Consider a situation where a buyer and seller had a contract for a unique piece of art, but the seller backed out. The buyer sues, and the court rules that the seller must complete the sale as originally agreed (a remedy known as "specific performance"). If the seller then delays or refuses to hand over the artwork, any legal actions the buyer takes to compel the seller to transfer the art, such as requesting a court order to seize the artwork, would be undertaken in executione rei judicatae. The court has already judged that the contract must be fulfilled, and these actions are merely the enforcement of that specific performance order.

• Example 3: Enforcement of an Eviction Order

  Suppose a landlord obtains a court order for eviction against a tenant who has repeatedly violated the lease agreement and failed to pay rent. If the tenant still refuses to vacate the property after the court's deadline, the landlord might then request a sheriff to physically remove the tenant and their belongings. This act of physical removal by law enforcement is an action taken in executione rei judicatae. The court has already made a final judgment that the tenant must leave, and the sheriff's involvement is the direct enforcement of that judicial decision.