The Civil Code of Lower Canada, Together with a Synopsis of Changes in the Law References to the Reports of the Commissioners; A Concordance with the Code Napoleon and Code de Commerce
The Civil Code of Lower Canada, Together with a Synopsis of Changes in the Law References to the Reports of the Commissioners; A Concordance with the Code Napoleon and Code de Commerce
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...of them may be contradicted by other proof; others are presumptions juris et dc jure and cannot be contradicted.--Cuj. 1. c., 6 Cuj. ad. t. 23, De prsesumpt. 869; Men. 1. 1, q. 3,1; Poth. Ob. 481-3; C. N. 1352. 1.129. 124:0. No proof is admitted to contradict a legal presumption, when, on the ground of ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...of them may be contradicted by other proof; others are presumptions juris et dc jure and cannot be contradicted.--Cuj. 1. c., 6 Cuj. ad. t. 23, De prsesumpt. 869; Men. 1. 1, q. 3,1; Poth. Ob. 481-3; C. N. 1352. 1.129. 124:0. No proof is admitted to contradict a legal presumption, when, on the ground of such presumption, the law annuls certain instruments or disallows a suit, unless the law has reserved the right of making proof to the contrary, and saving what is provided with respect to the oaths or judicial admissions of a party.--Men. 1. 1, q. 3, 18; Poth, Ob. 841-3, 886,8; 10 Toul. 50; C. N. 1352. I. 131. 1241. The autherity of a final judgment (res judicata) is a presumption juris et dejure; it applies only to that which has been the object of the judgment, and when the demand is founded on the same cause, is between the same parties acting in the same qualities, and is for the same thing as in the action adjudged upon.--ff. Do excep. rei jud.; Poth. Ob. 61, 888, 897; 10 Toul. 88; C.N. 1351. 1.131. 1242. Presumptions not established by law are left to the discretion and judgment of the court.--Men. 1. 1, q. 44; Poth. Ob. 849; 10 Toul. 29; C. N. 1353. I. 131. SECTION V. Of admissions. 124:3. Admissions are extrajudicial or judicial. Theycannot be divided against the party making them.--9 Cuj. C. 1013, D; 10 Toul. 383; C. N. 1354. 1.131. 1244. An extra-judicial admission must be proved by writing or the oath of the party against whem it is set up, except in the cases in which, according to the rules declared in this chapter, proof by testimony is admissible.--Poth. Ob. 834; 9 Toul. 396; 10 Id. 406; C. N. 1355. 1.131. 1245. A judicial admission is complete proof against the party making it.--It cannot be revoked unless it is proved to...
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