Domestic registers and papers are not evidence in favour of the person who wrote them. They are evidence against him: 1° In all cases where they formally state a payment received; 2° When they contain the express mention that the writing was made to make up for the defect of the title in favour of whom they state an obligation.
A notation of a payment or other cause of discharge made by the creditor on an original document of title which has always remained in his possession is equivalent to a simple presumption of discharge of the debtor. The same applies to a notation made on the duplicate of a document of title or receipt, provided that the duplicate is in the hands of the debtor.
A reliable copy has the same probative value as the original. Reliability is left to the discretion of the judge. Nevertheless, an enforceable or authentic copy of an authentic writing is deemed reliable. A copy resulting from an identical reproduction of the form and content of the deed, and whose integrity is guaranteed over time by a process that complies with conditions set by decree in the Conseil d’Etat, is…
The recognitive deed does not dispense with the presentation of the original title unless its content is specially stated therein. What it contains that is additional to or different from the original title has no effect.
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.
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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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