Subsection 1: The decisive oath

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.

The oath is evidence only in favour of or against the person who has referred it and his heirs and assigns. The oath referred by one of the joint and several creditors to the debtor discharges the debtor only in respect of that creditor’s share. The oath referred to the principal debtor also discharges the sureties. The oath referred to one of the joint and several debtors benefits the co-debtors….