Droit
The means of proof
In France in contrast to Greece, the material is dispersed in the Civil Code and the Code of Civil Procedure. The common law of evidence is governed by the civil code, while the judicial administration of proof in the civil procedure code.
The evidence can be submitted to the relevant facts, that is to say the facts to influence the decision, then the applicant must prove the facts necessary to its successful application, the judge can not in any way to report his personal knowledge, the court may also search the content of foreign law with the exception of European law.
The means of proof are the means by which the parties at trial can demonstrate a legal act. These forms of proof are exclusively provided by law.
1/ The means of proof in France
In France, law regulates five types of evidence : - documentary evidence - testimonial evidence ( testimony) - circumstantial evidence or presumption - confession -the oath.
The system of proof is different depending on whether they prove a fact or a legal act. In principle, the legal acts are proved by a writing as legal facts, evidence is admitted by any means. We must distinguish the system of evidence convinced with the system of legal proof.
A/ The documentary evidence
Writings emanating from parties at trial and which are intended to be used as evidence. The mode of proof amounts to a clear advantage. Writting amounts to a proof preconstituted, so credibility. Secondly, a pre established written proof has an objective value larger than the testimony. Documentary proof is the most reliable evidence. However, among all the witings, we must distinguish : the acts and others writings (letter). a/ Authentic acts : Public documents
Under article 1317 of the French Civil Code, the authentic act is received by a plubic officer (bailiff, clerk, notary, officer of registry office).
The conditions of validity
For a writing to be authenticated, it takes three