Chapter I: General provisions

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.