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Part One

Part Two: Articles 2 -20

Part Two: Articles 21-40

Part Two: Articles 41-60

Part Two: Articles 61-80

Part Two: Articles 81-100

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The Mejelle

Edited by Jonathan T. Capes

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.

 

 

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