Civil Code > TITLE XII CONTRACTS IN GENERAL 7

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Chapter 7. Proof in Relation to Contracts

Section 1. Burden and Admissibility of Proof

Art. 2001. — Burden of proof.

(1) He who demands performance of an obligation shall prove its existence.

(2) He who alleges that an obligation is void, has been varied or is extinguished shall prove the facts causing such nullity, variation or extinction.

Art. 2002. — Means of evidence.

Proof may be adduced by writings, witnesses, presumptions, a party's admission or oath, in accordance with the rules set out in this Chapter and the forms prescribed in the Code of Civil Procedure.

Art. 2003. — Contracts to be in writing.

Where the law requires written form for the completion of a contract, such contract may not be proved by witnesses or presumptions unless it ia established that the document evidencing the contract has been destroyed, stolen or lost.

Art. 2004. — agreements relating to evidence.

Parties are not allowed to provide in their contracts exceptions to the rules which bar or restrict the admissibility of certain means of evidence.

Section 2. Written Evidence

Art. 2005. — Probatory value of written instrument.

(1) A written instrument shall be conclusive evidence, as between those who signed it, of the agreement therein contained and of the date it bears.

(2) It shall have the same probatory value for persons represented in the act and the heirs of the parties.

Art. 2006. — Contrary proof.

(1) Statements contained in a written instrument may be challenged by those who signed it only by tendering an oath to the party who avails himself thereof.

(2) No proof by witnesses nor any presumption is admissible against such statements.

Art. 2007. — Disallowance of handwriting.

(l) He against whom a non-authenticated instrument is set up shall, where he intends not to recognize it as his own, formally disclaim his alleged handwriting and signature.

(2) It shall be sufficient for heirs to declare that they do not recognize the writing or signature of their ascendant.

Art. 2008. — Verification of handwriting.

Where a party disclaims his handwriting or signature or his heir declare that they do not recognize them, their verification shall be ordered by the court.

Art. 2009. — Third parties.

(1) Third parties may prove by all means the falsity of statements contained in an instrument, unless the instrument was drawn up or received by a public officer.

(2) They may, in particular, prove by all means the falsity of the date on the instrument, unless such date is authenticated.

Art. 2010. — Authentic deed.

(1) Where the instrument was drawn up or received by a duly qualified public officer, third parties may freely challenge such statements only in the instrument as originated from the parties and could not be verified personally by the public officer.

(2) Statements which the public officer personally verified may not be challenged except with the permission of the court.

Art. 2011. — Copies of authentic deeds.

(1) Copies or photostat copies of original authentic deeds shall have the same probatory value as the originals where they are certified by a duly qualified public officer.

(2) The same rule shall apply to photostat copies of parts of the originals.

Art. 2012. — Public records.

Copies of public or private instruments kept in public registers, issued in accordance with regulations by the registrar to whom the instruments are entrusted, shall have the same authentic value as the originals.

Art. 2013. — Collation and photographs.

(1) In the cases provided in the preceding articles, the parties may not require the production to the court of the original instrument, but may require, at their own cost, the collation of the copy produced with the original text or, failing such text, with the copy kept in public registers.

(2) They may, at their own cost, demand a photostat copy of the instrument being collated.

Art. 2014. — Loss of original.

Failing an original text or a copy kept in public registers, copies made in accordance with the preceding articles shall retain their authenticity where on their face appear no erasures, alterations or any other particularity justifying suspicion.

Art. 2015. — Authenticated dote.

An instrument shall acquire an authentic date:

(a) where the instrument was drawn up or received by a public officer, at the date of its drawing up or reception; or

(b) where the instrument is referred to in another instrument drawn up or received by a public officer, at the date of the drawing up or reception of the other instrument; or

(c) where one of those who signed the instrument has died or become physically incapable of signing it, at the date of the death or of the occurrence of the incapacity.

Art. 2016. — Trade books.

(1) Entries in trade books are no evidence in favour of those who made the entries.

(2) They are evidence against those who made the entries, but a party wishing to avail himself thereof may not sever them so as to discard entries contrary to his claim.

Art. 2017. — Domestic records mid payers.

Domestic records and papers are no evidence in favour ot the person who wrote them.

Art. 2018. — Evidence against author.

Such records and papers are evidence against the person who wrote them where:

(a) they formally mention a payment; or

(b) they include an express statement that the entry was made to make good the lack of document of title in favour of the person for the benefit of whom they state an obligation.

Art. 2019. — Proof of cause.

(1) Where a person promised to make a payment or acknowledged a debt, the person in whose favour the promise was made or the debt acknowledged need not prove a cause justifying them.

(2) The existence of a valid agreement shall be presumed, subject to proof to the contrary.

(3) Where proof of simulation of the cause is adduced, the party alleging that the obligation has another lawful cause shall prove it.

Section 3. Presumptions of Payment

Art. 2020. -- Presumption of Payment. - 1. Handing over of document of title.

The handing over of the document of title to the debtor shall raise a presumption that the debt has been discharged.

Art. 2021. — 2. Creditor's entries.

Entries made by the creditor at the end, in the margin or at the back of a document of title, which remained at all times in his possession, shall be conclusive evidence although not signed or dated by him, where they tend to establish the debtor's release.

Art. 2022. — 3. Prior or concomitant debt.

(1) In the case of interests or other periodical dues, the creditor who gives a receipt for a given period, without making any reservation, shall be deemed to have collected the dues for the previous periods.

(2) Where the creditor gives a receipt for the principal, the debtor shall he deemed to have paid the interest.

Art. 2023. -- 4. Presumption of payment after six months.

The following debts shall be deemed to have been paid where six months have elapsed since they fell due:

(a) debts in respect of wages owed to clerks, office employees, servants, daily workers and workmen; and

(b) debts due to masters or teachers in respect of lessons given monthly; and

(d) debts due to merchants in respect of goods and foodstuffs supplied by them to private persons for consumption or common use.

Art. 2024. — Presumption of payment after two years.

The following debts shall be deemed to have been paid where two years have elapsed since they fell due:

(a) debts due to physicians, surgeons, dentists, midwives, pharmacists or veterinary surgeons in respect of professional services or supplies; and

(b) debts due to advocates, notaries or other members of the legal profession in respect of professional services; and

(d) debts due in respect of rents for houses or agricultural estates; and

(e) arrears of periodical dues; and

(f) interest on loans and generally any sum payable annually or at shorter periodical intervals.

Art. 2025. — Contrary proof.

The presumptions laid down in the preceding Articles shall not apply where:

(a) the debtor has acknowledged the debt in writing; or

(b) prior to the expiry of the period prescribed by law, the creditor has instituted proceedings with a view to the debtor paying the debt.

Art. 2026. — Oath.

(1) No proof shall be admitted to rebut the presumptions laid down in Art. 2020-2024.

(2) The creditor may require the debtor or the debtor may require the creditor to take an oath as to whether or not the debt has been paid.

(3) The heirs of the creditor or debtor may be required to take an oath as to whether they know if the debt has been paid or not.

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