Everyone has the right to a fair trial, and the method of evidence used must be be lawful and fair.
A. Proof of Facts
Legal facts can be proven by any means.
There are, however, exceptions, such as the proof of the status of persons from civil status.
For the civil judge, the proof must be obtained by a licit and fair means. For the criminal judge, the jurisprudence has accepted evidence obtained in an unfair manner.
B. Proof of acts
Legal acts must in principle be based on literal evidence.
1. The principle of written or literal proof
Article 1341 of the Civil Code provides: “All transactions exceeding a sum or a notary or under private signatures of all things exceeding a sum or a value fixed by decree, even for voluntary deposits.”
This value is currently 1500 euros.
2. Exceptions to the principle of literal proof
There are several exceptions to this principle, including
-In commercial matters, evidence is free even above 1500 euros to facilitate commercial transactions.
-In civil matters, the parties can establish specific agreements freely.
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