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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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Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
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