A person who claims the performance of an obligation must prove it. Conversely, a person who claims to be discharged must justify the payment or the fact which produced the extinction of his obligation.
The presumption which the law attaches to certain acts or facts by holding them to be certain exempts the person in whose favour it exists from proving it. It is said to be simple, when the law reserves proof to the contrary, and may then be rebutted by any means of proof; it is said to be mixed, when the law limits the means by which it may be rebutted…
Res judicata applies only to what is the subject of the judgment. The thing sought must be the same; the claim must be based on the same cause of action; the claim must be between the same parties, and made by and against them in the same capacity.
Contracts on evidence are valid where they relate to rights of which the parties have free disposal. Nevertheless, they cannot contradict irrebuttable presumptions established by law, nor modify the faith attached to confession or oath. Nor can they establish an irrebuttable presumption in favour of one of the parties.
The judicial administration of evidence and disputes relating thereto are governed by the code of civil procedure.
Except where the law provides otherwise, proof may be provided by any means.
A legal act relating to a sum or value exceeding an amount fixed by decree must be proved in writing under private or notarial signature. It may only be proved in addition to or against a writing establishing a legal act, even if the sum or value does not exceed that amount, by another writing under private or notarial signature. A person whose claim exceeds the threshold mentioned in the…
An exception is made to the rules set out in the previous article if it is materially or morally impossible to obtain a writing, if it is customary not to draw up a writing, or if the writing has been lost by force majeure.
It may be substituted for writing by judicial confession, decisive oath or prima facie evidence in writing corroborated by another means of proof.
Prima facie evidence in writing is any writing which, emanating from the person contesting an act or from the person he represents, renders probable what is alleged. The judge may consider as equivalent to prima facie evidence in writing statements made by a party at his personal appearance, his refusal to reply or his absence at the appearance. The mention of an authentic writing or under private signature in a…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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