Droit de la Preuve en Procédure Civile

Study Notes

Proof is essential for asserting a right or fact in legal proceedings.
Parties must establish proof of their claims to convince a judge.
The 2016 ordinance reformed contract and proof laws, incorporating general provisions, admissibility, and types of proof into the Civil Code.
Criminal procedure has a different proof regime, focusing on the object, burden, and admissibility of proof.

The law itself isn't directly proven; its interpretation might be debated.
Proving a contract or legal act requires demonstrating the existence of the agreement or act and any relevant obligations.
Proving a legal event often involves demonstrating damage, the event, and causality.
Judges apply the law but don't prove individual facts.

Civil proceedings generally use an adversarial system, where judges oversee presented evidence without direct intervention.
In civil cases, the judge acts as an arbitrator, considering evidence presented by the parties.
In some cases, the judge may assist the claimant in obtaining evidence, but is not actively engaging in the discovery process.
Criminal proceedings utilize an inquisitorial approach, requiring judges to actively investigate the case and determine guilt beyond a reasonable doubt. Judges in criminal cases have wider powers compared to civil cases.

The party asserting a right or fact has the burden of proof.
The party trying to escape obligation must provide proof of such circumstances.
This burden of proof is alternating, necessitating that the plaintiff initially prove their case, and then the defendant disprove it, and so on until one cannot fulfil their burden.

Perfect proof types (e.g., judicial admissions, authentic documents) bind judges.
Imperfect proof types (e.g., testimony, circumstantial evidence) leave judges with flexibility.
Admissible proof types considered reliable evidence that judges can rely on during trials.

Proof of facts not involving legal agreements can be made using any method allowed by the law.
Cases involving business transactions often require written proof for larger amounts.
Oral testimony is often sufficient in lower amounts in specific contexts like commercial transactions depending on the specific amount involved and applicable laws.

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