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  • TITLE 25 The Contentious Trial
    • 1326
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Canon 1326

1. Restitutio in integrum is granted against a sentence which

has become a res iudicata provided that there is clear proof of

its injustice. 2. However, clear proof of injustice is verified only if: (1) the sentence is so based on proofs which are

later discovered to be false so that without those proofs the

dispositive section of the sentence would not be sustained; (2)

afterwards documents have been found which undoubtedly prove new

facts which demand a contrary decision; (3) the sentence was

pronounced because of the fraud of one party which harmed the

other; (4) a prescription of the law which is not merely procedural has been evidently neglected; (5) the sentence is

contrary to a preceding sentence which has become a res iudicata.




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