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Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Restitutio in integrum
Canon 1645. Previous Next	§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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Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Restitutio in integrum

Canon 1645.
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§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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