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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. Restitutio in integrum is granted against a sentence which has become res iudicata provided that its injustice is clearly established. §2. Injustice, however, is not considered to be established clearly unless: 1. the sentence is based on proofs which afterwards are discovered to be false in such a way that without those proofs the dispositive part of the sentence is not sustained; 2. documents have been revealed afterwards which undoubtedly prove new facts and demand a contrary decision; 3. the sentence was rendered due to the malice of one party resulting in harm to the other party; 4. a prescript of the law which is not merely procedural was clearly neglected; 5. the sentence is contrary to a previous decision which has become res iudicata.

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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. *Restitutio in integrum* is granted against a sentence which has become res iudicata provided that its injustice is clearly established.

§2. Injustice, however, is not considered to be established clearly unless:

1. the sentence is based on proofs which afterwards are discovered to be false in such a way that without those proofs the dispositive part of the sentence is not sustained;

2. documents have been revealed afterwards which undoubtedly prove new facts and demand a contrary decision;

3. the sentence was rendered due to the malice of one party resulting in harm to the other party;

4. a prescript of the law which is not merely procedural was clearly neglected;

5. the sentence is contrary to a previous decision which has become *res iudicata*.

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