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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART II : THE CONTENTIOUS TRIAL
      • SECTION I: THE ORDINARY CONTENTIOUS TRIAL
        • TITLE IX: ADJUDGED MATTER AND TOTAL REINSTATEMENT  (Cann. 1641 - 1648)
          • CHAPTER II : TOTAL REINSTATEMENT
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CHAPTER II : TOTAL REINSTATEMENT

Can. 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:

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;

documents are subsequently discovered by which new facts demanding a contrary decision are undoubtedly proven;

the judgement was given through the deceit of one party to the harm of the other;

a provision of a law which was not merely procedural was evidently neglected;

the judgement runs counter to a preceding decision which has become an adjudged matter.

Can. 1646 §1 Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 1 - 3, is to be requested from the judge who delivered the judgement within three months from the day on which these reasons became known.

§2 Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 4 and 5, is to be requested from the appeal tribunal within three months of notification of the publication of the judgement. In the case mentioned in can. 1645 §2, n. 5, if the preceding decision is not known until later, the time-limit begins at the time the knowledge was obtained.

§3 The time-limits mentioned above do not apply for as long as the aggrieved party is a minor.

Can. 1647 §1 A plea for total reinstatement suspends the execution of a judgements which has not yet begun.

§2 If there are probable indications leading the judge to suspect that the plea was made to cause delays in execution, he may decide that the judgement be executed. The person seeking total reinstatement is, however, to be given suitable guarantees that, if it is granted, he or she will be indemnified.

Can. 1648 Where total reinstatement is granted, the judge must pronounce judgement of the merits of the case.




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