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Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Restitutio in integrum
Canon 1645. §1 Against a judgement which has become an adjudged matter there can be a total reinstatement, provided it is clearly established that the judgement was unjust.
§2 Injustice is not, however, considered clearly established unless:
1° the judgement is so based on evidence which is subsequently shown to be false, that without this evidence the dispositive part of the judgement could not be sustained;
2° documents are subsequently discovered by which new facts demanding a contrary decision are undoubtedly proven;
3° the judgement was given through the deceit of one party to the harm of the other;
4° a provision of a law which was not merely procedural was evidently neglected;
5° the judgement runs counter to a preceding decision which has become an adjudged matter.
Previous Next§2 Injustice is not, however, considered clearly established unless:
1° the judgement is so based on evidence which is subsequently shown to be false, that without this evidence the dispositive part of the judgement could not be sustained;
2° documents are subsequently discovered by which new facts demanding a contrary decision are undoubtedly proven;
3° the judgement was given through the deceit of one party to the harm of the other;
4° a provision of a law which was not merely procedural was evidently neglected;
5° the judgement runs counter to a preceding decision which has become an adjudged matter.
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