Article 61. When the literal
meaning cannot be applied, the metaphorical
sense may be used.
Article 62. If no meaning
can be attached to a word it is disregarded
altogether. That is to say, if a word cannot
be construed in either a literal or metaphorical
sense it is passed over in silence as being
devoid of meaning.
Article 63. A reference
to part of an indivisible thing is regarded
as a reference to the whole.
Article 64. The absolute
is construed in its’ absolute sense,
provided that there is no proof of a restricted
meaning either in the text of the law or
by implication.
Article 65. A description
with reference to a thing present is of
no effect, but the contrary is the case
if such thing is not present.
Example :When a vendor
who is about to sell a grey horse, such
grey horse being present at the meeting
where the sale took place, states that he
is selling a brown horse for so many thousand
piastres, his offer is held to be good and
the word brown is of no effect. But if he
sells a grey horse which is not present
and he describes it as brown, the description
is held to be good but the sale is not concluded.
Article 66. A question
is considered to have been repeated in the
answer. That is to say, in the event of
a question being answered in the affirmative,
the person answering the question is considered
to have repeated the question.
Article 67. No statement is imputed to a
man who keeps silence, but silence is tantamount
to a statement where there is an absolute
necessity for speech. That is to say, it
may not be said that a person who keeps
silence has made such and such a statement,
but if he keeps silence where he ought to
have made a statement, such silence is regarded
as an admission and a statement.
Article 68. In obscure
matters the proof of a thing stands in the
place of such thing. That is to say, obscure
matters concerning which it is hard to discover
the truth are judged according to the obvious
proof concerning them,
Article 69. Correspondence
takes the place of an exchange of conversation.
Article 70. The signs of
a dumb person which are generally recognized
take the place of a statement by word of
mouth.
Article 71. The word of
an interpreter is accepted in every respect.
Article 72. No validity
is attached to conjecture which is obviously
tainted by error.
Article 73. Probability,
even though based upon evidence, is not
proof.
Example:-
If a person admits while suffering from
a mortal sickness that he owes a certain
sum of money to one of his heirs, such admission
is not proof unless confirmed by the other
heirs, since the probability of such person
defrauding the other heirs of their property
is based upon the mortal sickness. If the
statement, however, is made while in a state
of good health, such admission is considered
to be valid. The probability in that case
is mere supposition and consequently there
is no objection to the validity of the admission.
Article 74. No weight is attached to mere
supposition.
Article 75. A thing established
by proof is equivalent to a thing established
by ocular inspection.
Article 76. Evidence is
for him who affirms; the oath for him who
denies.
Article 77. The object
of evidence is to prove what is contrary
to appearance; the object of the oath is
to ensure the continuance of the original
state.
Article 78. Evidence is
proof affecting third persons; admission
is proof affecting the person making such
admission only.
Article 79. A person is
bound by his own admission
Article 80. Contradiction
and proof are incompatible; but this does
not invalidate a judgment given against
the person contradicting
Example:-
Witnesses contradict themselves by going
back upon the evidence they have given.
Such evidence is not proof; but if the Court
has already given judgment based upon the
original evidence, such judgment may not
be set aside, but the witnesses must pay
the value of the subject matter of the judgment
to the persons against whom judgment has
been given.