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:
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.
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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