French law – I. The burden of proof

Evidence is the means of establishing the reality of an act or a legal fact

According to article 9 of the code of civil procedure: “It is incumbent on each party to prove, in accordance with the law, the facts necessary for the success of its case
party to prove, in accordance with the law, the facts necessary for the success of his

A. The principle of the burden of proof

The burden of proof lies with the plaintiff. Thus, article 1315 of the Civil Code
code provides:

“He who claims the performance of an obligation must prove it.
Conversely, one who claims to be discharged must justify the payment or the fact
which produced the extinction of his obligation

Criminal procedure is inquisitorial, whereas civil procedure is adversarial, even if it
adversarial, even if it too is becoming increasingly inquisitorial

In criminal law, the inquisition is the criminal procedure where the judge, seized by a complaint
by a complaint, a denunciation or public rumor, takes the initiative of the
the prosecution and, unlike the accusatory procedure, directs the course of the
of the trial.

B. Legal presumptions

According to article 1349 of the Civil Code: “Presumptions are consequences that the law or the
consequences that the law or the magistrate draws from a known fact to an

Thus, when the fact cannot be proven, the proof is based on facts

The law distinguishes between simple presumptions, which the defence can contest by providing evidence to the contrary, and irrebuttable presumptions, which are
by bringing evidence to the contrary, from irrebuttable presumptions, that is to say
that cannot be contradicted (except by confession or oath).

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