In accordance with art. 16 of the Civil Procedure Code of Republic of Moldova the final court judgment shall be subject to compulsory enforcement by trial participants, other persons and public authorities. In spite of this fact, the judgment shall not produce effects towards the persons who were not included in the proceeding, due to the subjective limits of the res judicata. In case the court renders a judgment concerning the rights or duties of a person who had not been included in the proceeding, there arises the question regarding the protection of his rights. The categories of persons referred to as not being included in the proceeding and forms of procedural protection of these persons are subject to analysis in the article. On the basis of historical and comparative investigation proposals de lege ferenda have been made.