Article 1381 of the French Civil Code
November 7, 2023
The evidential value of statements made by a third party under the conditions of the code of civil procedure is left to the discretion of the judge.
The evidential value of statements made by a third party under the conditions of the code of civil procedure is left to the discretion of the judge.
Presumptions which are not established by law, are left to the discretion of the judge, who must admit them only if they are serious, precise and concordant, and only in cases where the law admits proof by any means.
A confession is the statement by which a person acknowledges as true a fact likely to produce legal consequences against him. It may be judicial or extrajudicial.
A purely verbal extrajudicial confession is received only in cases where the law allows proof by any means. Its probative value is left to the judge’s discretion.
A judicial confession is the statement made in court by the party or his specially authorised representative. It is authentic against the person who made it. It cannot be divided against its author. It is irrevocable, except in the case of a mistake of fact.
The oath may be referred by one party to the other, as a decisory matter, in order to make the judgment of the case depend on it. It may also be referred ex officio by the judge to one of the parties.
The decisive oath may be referred on any kind of dispute and in any case.
It may only be referred on a fact that is personal to the party to whom it is referred. It may be referred by that party, unless the fact that is the subject of it is purely personal to him.
He to whom the oath is referred and who refuses it or does not wish to refer it, or he to whom it has been referred and who refuses it, succeeds in his claim.
The party who has deferred or referred the oath may no longer retract it when the other party has declared that he is prepared to take that oath. When the deferred or referred oath has been taken, the other party is not entitled to prove its falsity.
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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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