revocazione

Revocazione is a special remedy in Italian civil procedure that allows a party to seek the revocation or substantial modification of a final court judgment on narrowly defined grounds. It is intended to correct serious miscarriages of justice without reopening a broad appeal, and it applies only to judgments that have become final.

The grounds for revocazione typically include grave errors in the judge’s reasoning or application of the law, or the discovery of new elements or evidence that were not known at the time of the decision and could have influenced the outcome. Other recognized grounds may include fraud, collusion, or a violation of essential procedural rules that affected the judgment. The remedy is not a routine route to reargue the case; it targets fundamental defects that undermine the integrity of the decision.

Proceedings are initiated by filing a specific petition (ricorso per revocazione) with the court that issued the judgment, within a prescribed time after the grounds become knowable. The court then assesses whether the referenced grounds exist and, if they do, may revoke or substantially revise the judgment or refer the matter for further proceedings. If the petition is refused, the judgment generally remains binding, subject to any other available remedies permitted by law.

Revocazione is distinct from ordinary appeals or cassation, which address points of law or fact within a standard appellate path. It operates as a corrective mechanism for situations where the final ruling would be unjust due to a grave error, procedural flaw, or the emergence of decisive new information. The availability and scope of revocazione vary by jurisdiction and are governed by specific statutory provisions.