Article 1385 of the French Civil Code
November 7, 2023
The decisive oath may be referred on any kind of dispute and in any case.
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….
The judge may of his own motion refer the oath to one of the parties. This oath may not be referred to the other party. Its probative value is left to the judge’s discretion.
The court may only refer the oath of its own motion, either on the application or on the objection to it, if it is not fully justified or completely devoid of evidence.
The law governs conjugal association, as regards property, only in the absence of special agreements which the spouses may make as they see fit, provided that they are not contrary to good morals or to the following provisions.
When the divorce is granted, if debts or sureties have been granted by the spouses, jointly or severally, in connection with the management of a business, the court may decide to make the spouse who retains the professional assets or, failing that, the professional qualification that served as the basis for the business, bear the sole burden of such debts or sureties.
The spouses may not derogate from the duties or rights resulting for them from the marriage, or from the rules of parental authority, legal administration and guardianship.
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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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