HCCJ. The revision following the discovery of a documentary evidence. Conditions of admissibility

The High Court of Cassation and Justice decided that the admissibility of review based on Art. 322 pt. 5 Civil  Procedure Code (Art. 509 para. 1 pt. 5 NCPC) is conditioned not only by the discovery of new acts after judgment and the impossibility of their appearance in court due to circumstances beyond the will of the parties, but also by the determining character of these documents in the sense that if they were known to the court at the trial of the case, they might have have led to a different solution than the one given. In this case, the High Court held that the mere fact that the party discovered, after the delivery of the judgment, certain evidentiary documents, without proving that circumstances beyond his will prevented him from procuring them during the process, is not capable of justifying admission of the revision request because, otherwise, a definitively won trial could be subject to review based on documents and evidence subsequently made and res judicata would become illusory. (Decision no. 3145 of 13 November 2014 rendered by The First Civil Division of The High Court of Cassation and Justice, covering revision)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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