Evasive Denial: Key Cassation Decisions

Cassation File Number 17068 Volume 1

As long as the facts presented are covered by a legal presumption, courts are expected to apply that legal presumption regardless of whether the defendant denies or fails to deny the claim. The fact that a case proceeds in the absence of the defendant does not change the application of mandatory legal provisions. There is no sufficient legal reason to consider a defendant as having admitted to facts that they would not have been forced to explicitly deny even if they were present in court, simply because the case proceeded in their absence. This was a 3 to 2 majority decision.

Dissenting Opinion of Two Judges

The majority opinion noted that Articles 83, 334(1)(d), and 235 of the Civil Procedure Code stipulate that a defendant must explicitly deny the allegations in a claim, and failure to do so results in the claim being deemed admitted. For instance, if a defendant is sued for two years of unpaid rent and either admits the debt or fails to explicitly deny it upon appearing, the court should render judgment based on that admission under Article 242 of the Civil Procedure Code, rather than resorting to the presumption of payment mentioned under Article 2024 of the Civil Code.

Civil Code 2024(d), 2020-2024; Civil Procedure Code 89, 235, 242, 334(1).

Cassation File Number 42346 Volume 10 Article 235(2) of the Civil Procedure Code indicates that if a defendant does not explicitly deny the claim or provides an evasive answer, they shall be deemed to have admitted the allegation. If a defendant does not explicitly deny and contest the plaintiff’s assertion regarding the non-fulfillment of a contractual obligation, it must be considered an admission.

Cassation File Number 48632 Volume 9

Article 235(2) of the Civil Procedure Code provides that facts not explicitly denied are considered admitted; however, this is applicable when the defendant appears and presents their argument. Furthermore, as per Article 83 of the Civil Procedure Code, while the general principle is that facts not explicitly denied are deemed admitted, this presumption does not apply to claims for damages or compensation. Relevant Articles: Civil Procedure Code 83, 235(2).

Cassation File Number 121387 Volume 20

The provisions under Articles 235 and 83 of the Civil Procedure Code state that facts not explicitly denied are deemed admitted. This procedural rule is also applicable to responses provided in special proceedings where leave to defend is required and granted.