| Canon | Text |
|---|---|
| Processes » The Contentious Trial » The Ordinary Contentious Trial » Challenging of the Sentence » Complaint of nullity against the sentence | |
| Canon 1620. | A judgement is null with a nullity which cannot be remedied,
1° it was given by a judge who was absolutely non-competent; 2° it was given by a person who has no power to judge in the tribunal in which the case was decided; 3° the judge was compelled by force or grave fear to deliver judgement; 4° the trial took place without the judicial plea mentioned in can. 1501, or was not brought against some party as respondent; 5° it was given between parties of whom at least one has no right to stand before the court; 6° someone acted in another’s name without a lawful mandate; 7° the right of defence was denied to one or other party; 8° the controversy has not been even partially decided. |
| Canon 1622. | A judgement is null with a nullity which is simply remediable, if:
1° contrary to the requirements of can. 1425, §1, it was not given by the lawful number of judges; 2° it does not contain the motives or reasons for the decision; 3° it lacks the signatures prescribed by the law; 4° it does not contain an indication of the year, month, day and place it was given; 5° it is founded on a judicial act which is null and whose nullity has not been remedied in accordance with can. 1619; 6° it was given against a party who, in accordance with can. 1593, §2, was lawfully absent. |
| 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. |
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