|Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Restitutio in integrum|
|§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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