Dutch Legislation

Title 10

in force

Revocation

Code of Civil Procedure (Rv) — Book 1 (Wetboek van Burgerlijke Rechtsvordering — Eerste Boek) · Articles: 10

Section 1

Revocation of judgments

382 Article 382

A judgment that has become res judicata may be revoked at the request of a party if:

383 Article 383

The remedy must be applied for within three months after the ground for revocation has arisen and the claimant has become aware thereof. The period…

384 Article 384

The application for revocation shall be brought before the court that decided on the case in the final instance on the merits.

385 Article 385

The proceedings shall be initiated by a writ of summons which complies with the requirements of Article 111 and shall be further conducted in the…

386 Article 386

The claim for revocation shall not stay the enforcement of the judgment. The court adjudicating on the revocation may, however, upon application…

387 Article 387

The court that finds the ground or grounds adduced for revocation to be correct shall reopen the proceedings in whole or in part. It shall provide…

388 Article 388

The judgment by which the proceedings are reopened suspends the enforcement of the contested judgment to that extent.

389 Article 389

If the court, with regard to the proceedings insofar as they have been reopened, reaches a different judgment, it shall render a new judgment…

Section 2

Revocation of orders

390 Article 390

A decision may, at the petition of the original petitioner or an interested party, be revoked on the grounds mentioned in Article 382, unless the…

391 Article 391

Articles 382 up to and including 384 and 386 up to and including 389 shall apply mutatis mutandis. Furthermore, the petition for revocation shall be…