Revision. Discovery of documentary evidence. The concept of a new document consisting ofa judgment given after the judgment whose review is sought has become final. Application to initiate administrative proceedings, prior to the judicial proceedings in w

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

According to art. 509 para. 1, para. 5 of the Civil Procedure Code, the review may be requested when "after the judgment has been delivered, supporting documents have been discovered which were withheld by the opposing party or which could not be produced due to circumstances beyond the control of the parties."

The case of review provided for in Article 509, paragraph 1, item 5 of the Civil Procedure Code implies the discovery, after the judgment has been rendered, of supporting documents withheld by the opposing party or which could not be produced due to circumstances beyond the control of the parties.

In this case of review several conditions must be met cumulatively, namely:

– discovery of a document of a probative nature to be filed with the reviewing court;

– the document existed at the time of the judgment under appeal but was discovered after that time;

– the document was withheld by the opposing party or could not be produced due to circumstances beyond the party's control.

All these conditions must be met cumulatively for the admissibility of the claim for revision on this ground.