Revision based on the provisions of art. 509 par. 1 pt. 5 Civil Procedure Code Cover Image

Revizuirea întemeiatã pe dispozițiile art. 509 alin. 1 pct. 5 Cod procedură civilã
Revision based on the provisions of art. 509 par. 1 pt. 5 Civil Procedure Code

Author(s): Beatrix Piess-Malimarcov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Revision; piece of evidence; evidence retained by the opposing party; circumstance above the will of the parties; court order;

Summary/Abstract: Revision of a substantive judgment or appeal may be required if, after the judgment has been given, evidence has been found, retained by the opposing party or unrelated to the will of the parties.The fulfillment or non-fulfillment of the above conditions also determines the solutions that the review court can formulate.The mere fact that the party would have discovered after the trial, some documentary evidence, is not such as to justify the admission of the review unless the party proves that a force majeure circumstance prevented her from acquiring them during the trial. Therefore, if the reviewer presents new documents without proving that he was objectively unable to present them at the ordinary court stage, the review must be rejected, with some diligence being required by that party, otherwise, bringing into question a final judgment entered into the power of the trial.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 182-188
  • Page Count: 6
  • Language: Romanian