KUHPer XXIII
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Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter I - Concerning Evidence in General
Article 1865
Any one who claims to have any right or who refers to a fact to support such right, or who objects to another party's right, shall prove the existence of such right, or such fact.
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Article 1866
Means of evidence shall comprise the following:
(1) written evidence;
(2) evidence presented by witnesses;
(3) the inference;
(4) the confession;
(5) the oath.
The above shall apply by taking into consideration the rules described in the previous titles.
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Chapter II - Concerning Written Evidence
Article 1867
Written evidence occurs in authentic or private documentation.
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Article 1868
An authentic deed is one which has been drawn up in a legal format, by or before public officials who are authorized to do so at the location where this takes place.
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Article 1869
A deed which, due to the incompetence or incapability of the official or due to the absence of format, cannot be regarded as authentic may be enforced as a private document, if this document has been executed by the parties.
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Article 1870
An authentic deed shall provide conclusive evidence regarding the contents stipulated therein for the parties, their heirs or parties having rights therein.
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Article 1871
An authentic deed, however, shall not provide conclusive evidence in respect of any kind of description, unless the information contained therein is connected directly with the subject of the deed.
If the information described is not directly connected with the subject of the deed, this shall only serve as initial written evidence.
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Article 1872
In the event that any type of authentic deed is found to be forged, then the execution thereof shall be cancelled in accordance with the legal regulations of the Civil Legal Procedures.
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Article 1873
Further agreements, concluded pursuant to a separate deed, in breach of the original, shall only provide evidence among the parties to such deed, and their heirs or other parties who have rights therein, but shall not apply to third parties.
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Article 1874
Private documents shall be considered to be, all privately signed deeds, letters, registers, documents pertaining to household matters and other documents, which are drawn up without the intervention of a public official.
A finger print shall be the equivalent of a signature on a private document, certified by a dated and signed statement of a notary or another official designated by ordinance, which stipulates that he knows the party affixing the finger print, or that this party has been made known to him, that the contents of the deed have been explained to the party affixing the finger print, and that, thereafter, the finger print has been affixed in the presence of the official.
The official shall record the document.
Pursuant to an ordinance, further rules may be stipulated regarding the statement and recording as abovementioned.
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Article 1874a
If interested parties so desire, then even outside the matter as mentioned in the second paragraph of the previous article, executed private documents may be provided with a dated and signed statement of a notary or another official designated by ordinance, in which it is stated that he knows the signatory, or that he has been introduced to him, that the contents of the deed have been explained to the signatory, and that there after, the signing has taken place in the presence of the official.
The stipulation in the third and fourth paragraphs of the previous article shall apply in this regard.
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Article 1875
A private document, which has been acknowledged by the individual to whom it may refer or which shall be considered legally acknowledged, shall provide, with respect to the signatories and their heirs and parties having rights therein, conclusive evidence similar to an authentic deed, and the stipulation in article 1871 shall also be applicable in this regard.
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Article 1876
An individual, whose private document has been disputed, shall be required to acknowledge or deny that such is his handwriting or signature; it shall however, be sufficient for his heirs or parties having rights therein to declare that they do not recognize the handwriting or the signature as the handwriting and signature of the individual that they represent.
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Article 1877
In the event that a party denies the writing or signature as his, or even if the heirs and the rightful parties declare that they do not recognize the writing or signatory, the judge shall order that the authenticity thereof shall be legally investigated.
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Article 1878
Private unilateral debt agreements for the payment of a sum of money, or for some object which may be valued at a specific amount, shall be written in their entirety by the individual who shall sign the document, or shall at least in addition to the signature, contain an approval in the signatory's handwriting, specifying the amount of the sum or the number of the objects owed.
In the absence of this, the executed deed may be accepted as initial written evidence in the event that the contract is rejected.
The provisions of this article shall not apply to shares in a debenture loan, to debt agreements concluded by the debtor in the course of operating his business, nor shall they apply to private deeds which are provided with a statement as mentioned in the second paragraph in article 1874 and article 1874a.
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Article 1879
If the amount, stipulated in the deed, differs from that specified in the approval statement, then the contract shall be deemed to have been concluded for the lesser amount, notwithstanding that the deed, in addition to the approval statement, has been written in its entirety by the individual who has bound himself; unless one can prove which part of the two documents has been found to be erroneous.
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Article 1880
Private deeds, to the extent that they are not accompanied by a statement as mentioned in the second paragraph of article 1874 and article 1874a, shall have no legal validity with respect to third parties, unless they are acknowledged or recorded by a notary or other official designated by ordinance, in accordance with the rules stipulated in the ordinance; or if one of the parties who executed the agreement passes away; or if the existence of this private document shall be proven by deeds drawn up by public officials, or if the third party to whom the deed is applied shall acknowledge its existence in writing.
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Article 1881
Registers and documents regarding household matters shall not be admitted as evidence for the benefit the individual who has drafted them; they shall provide evidence in respect of the following:
(1) In all cases in which the documents expressly stipulate a payment received;
(2) If it is expressly stipulated that any notation occurs to correct a defect in the title document for the benefit of the individual mentioned in the contract.
In all other cases, the judge shall take into consideration those matters which he deems appropriate.
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Article 1882
Revoked: S. 1827-146.
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Article 1883
Notations made by a creditor on a title document which has always remained within his possession, shall be recognized, notwithstanding that this document is neither signed nor dated by him, if such written document relates to the release of the debtor.
The same shall apply to notations which the creditor has made on a copy of a receipt document, provided that such copy of the receipt is in the possession of the debtor.
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Article 1884
The owner of a title document, may, at his expense, demand its renewal, if the writing has become illegible due to age or any other reason.
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Article 1885
If a title document is shared among several individuals, each one shall be authorized to demand that such document shall be stored at a third location, and thereafter, at his expense, a copy or a summary thereof shall be made.
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Article 1886
At every stage in a lawsuit, each party may request an order from the judge that the counter party shall submit the documents relevant to both parties and to the matter being disputed, and which are in the possession of the counter party.
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Article 1887
Tallies and their equivalents shall be recognized among those who are accustomed to proving their small deliveries which are made or received, in such manner.
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Article 1888
The validity of written evidence exists in the original deed. If the original deed exists, copies and summaries shall only be recognized to the extent that they correspond to the original document, the display of which can be demanded at any time.
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Article 1889
If the original title document no longer exists, then the copies shall provide evidence, by taking into consideration the following provisions:
(1) the engrossments of the first issued copies shall provide the same evidence as the original deed; the same shall apply to copies which are drawn up upon legal authority in the presence of the parties, following the proper summons of the parties, and shall further apply to those which are drawn up in the presence of the parties upon their mutual consent;
(2) the copies, which, without intervention by the judge, or without the consent of the parties and following the issuance of the engrossments of the first copies, are made pursuant to the original deed prepared by the notary before whom the deed is drawn up, or by one of his successors, or by officials, who, in their position, have been entrusted with the originals and are authorized to issue copies in the event that the original deed is lost, shall be accepted by the judge as conclusive evidence;
(3) if the copies, made pursuant to the original deed, are not made by the notary who drew up the deed, or by one of his successors, or by public officials who in their capacity are safekeeping the originals, then these may only be regarded as initial written evidence;
(4) authentic copies of authentic copies, or of private deeds, may, depending upon the circumstances, provide initial written evidence.
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Article 1890
A deed copied in the public registers shall only serve as initial written evidence.
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Article 1891
Deeds of acknowledgment shall discharge the obligation to present the original title document, provided that the contents of such deed are apparent from the document itself.
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Article 1892
A deed in which a contract is established or enforced, and in respect of which the law has permitted nullification or cancellation of a claim, shall be valid provided that such deed stipulates the main contents of the contract, and also stipulates the reasons for which nullification may be requested, and the intent to remedy the defects pursuant to which the claim could have been requested.
In the absence of a deed of establishment or enforcement, it shall be sufficient if the contract shall be executed voluntarily following the time that this contract has been established or enforced in such manner existing.
The establishment, enforcement of or voluntary compliance with a contract, effected in the format and at the exact time required by the law, shall be considered as a relinquishment of means of evidence and demurrers; which one, otherwise could have filed against the contract; without prejudice, however, to the rights of third parties.
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Article 1893
A donor cannot remedy the defects of a gift which has an invalid format by a deed of establishment; the same gift must be put into a legal format.
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Article 1894
The establishment, enforcement of or voluntary compliance with a gift, by the heirs or recipients of rights of the donor, which takes place after his death, shall remove their authority to dispute any defects in the format.
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Chapter III - Concerning evidence by witnesses
Article 1895
Evidence by witnesses shall be admitted in all cases which are not excluded by the law.
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Article 1896
Revoked: S. 1938-276.
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Article 1897
Revoked: S. 1938-276.
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Article 1898
Revoked: S. 1938-276.
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Article 1899
Revoked: S. 1938-276.
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Article 1900
Revoked: S. 1938-276.
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Article 1901
Revoked: S. 1938-276.
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Article 1902
In cases where the law demands written evidence, notwithstanding the existence of initial written evidence, evidence by witnesses shall be admitted, unless any evidence other than written evidence is not admissible.
Written deeds which shall be referred to as initial written evidence shall be all those which derive from those individuals against whom the claim is filed, or those represented, and which support the legal act that is being appealed.
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Article 1903
Revoked: S. 1938- 276.
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Article 1904
Evidence by witnesses shall comply with the following stipulations.
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Article 1905
The statement of a single witness, in the absence of any other means of evidence, shall not be accepted in court.
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Article 1906
If the separate and independent testimonies of several individuals, regarding various facts, due to the circumstances and relationship, substantiate a specific matter, then it shall be at the judgeís discretion to accept the separate testimonies as appropriate in the circumstances.
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Article 1907
Each testimony shall be based upon knowledge. Specific meanings or speculations based upon reasoning shall not be regarded as testimonies.
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Article 1908
In judging the validity of a testimony the judge shall particularly take into consideration the mutual agreement of the witnesses, the similarity between the testimonies and anything else that is known with regard to the case being disputed, the reasons which could influence the witnesses to present the case in a certain manner, the lifestyle, morals and the status of the witnesses and in general, anything that could affect the reliability of the witnesses.
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Article 1909
All individuals competent to be witnesses are required to submit their testimonies in court. The following individuals may be excused from testifying:
(1) anyone who is related to any of the parties in a collateral line in the second degree of blood relationship or by marriage;
(2) anyone who is the spouse of one of the parties in a direct unlimited line, and in the second degree of the collateral line;
(3) anyone, who due to their status, position or function, is pledged to secrecy, but only to the extent of the information entrusted to them in connection with their above-mentioned status, position or function.
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Article 1910
The blood relatives and relatives by marriage of one of the parties in a direct line, and the spouse, even after a divorce, shall be deemed to be incompetent as witnesses, and prohibited from being heard.
However, blood relatives and next-of-kin shall not be deemed to be incompetent in the following circumstances:
(1) in cases regarding the civil status of parties;
(2) in cases relating to support, pursuant to the first book, dealing with the support and education of a minor;
(3) during the investigation of the reasons which could lead to revocation or discharge of the parental authority or the guardianship;
(4) in cases relating to a labor agreement.
The right to be excused from testifying, as described in the cases in the aforementioned paragraph, shall not apply to the individuals mentioned in article 1909 number (1) and (2).
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Article 1911
The witnesses shall be required, pursuant to their religious beliefs, to swear or pledge that they will speak the truth.
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Article 1912
Anyone who has not reached the full age of fifteen years, including individuals who, due to mental incapacity, insanity or madness have been put under guardianship, or, the individuals who, pending the lawsuit, are detained upon instruction of the judge, shall not be admitted as witnesses.
The judge shall however be authorized to listen to the minors or parties under guardianship, who are intermittently in possession of their mental capacities, without having to pledge an oath, but these statements shall be regarded as explanations only.
The judge shall also not consider that which the unauthorized individuals claim to have heard, seen, and experienced, notwithstanding that such is based upon knowledge; but their statements shall only serve to obtain knowledge, and for the purpose of investigating actual acts which cannot be proven by regular means.
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Article 1913
Revoked: S. 1925 - 625.
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Article 1914
Revoked: S. 1926 - 570.
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Chapter IV - Concerning inferences
Article 1915
Inferences are conclusions which the law or the judge draws from a known or an unknown actual event that has taken place.
They consist of the following two kinds: legal, and those which are not based upon the law.
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Article 1916
Legal inferences are those which, pursuant to a special legal stipulation, are related to certain acts or events.
Legal inferences are, among others:
(1) the acts which are declared invalid by law, due to the fact that, pursuant to their nature and capacity, they are alleged to have been committed in order to evade a legal regulation;
(2) the events in which the law declares that the property, or the discharge of a debt, are deduced from certain specific circumstances;
(3) the authority which the law grants to a legal judgment entered;
(4) the validity which the law grants to the confession or oath of one of the parties.
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Article 1917
The authority of the legal judgment entered shall not extend any further than the subject of the judgment.
In order to invoke such authority, it shall be required that the case which has been heard shall be the same; that the claim is based upon the same grounds, and is made by and against the same parties having the same relationship.
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Article 1918
An arrest or sentence which has been legally entered by which an individual is punished for a misdemeanor or infringement, shall in a civil dispute be accepted as evidence of the act having been carried out, unless otherwise proven.
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Article 1919
If an individual has been acquitted of a misdemeanor or infringement that he was charged with, the acquittal cannot be relied upon before a civil judge to avoid a claim for compensation.
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Article 1920
Sentences, relevant to the status of individuals, passed on those who are legally authorized to dispute the claim, shall apply to all individuals.
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Article 1921
A valid inference shall release the individual who benefits from such from providing any other evidence.
No evidence shall be admitted against a valid inference, in the event that the law, based upon such inference, shall declare certain acts to be invalid or refuse to permit a claim to be filed in court; unless the law permits the counter evidence to be filed, without prejudice to what has been stipulated concerning the legal oath and legal testimony.
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Article 1922
Inferences which are not based upon the law, shall be considered by and shall be at the discretion of the judge, who, shall only pay attention to those which are significant, accurate, specific, and consistent with one another. Such inferences shall only be noted in circumstances in which the law admits evidence by witnesses, and also due to bad faith or an act or deed of deceit.
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Chapter V - Concerning confessions
Article 1923
A confession submitted against another party, is either submitted in court or outside court.
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Article 1924
A confession shall not be divided in a manner which would jeopardize the party who submitted it.
It shall however be at the judges discretion to divide the confession, if the debtor, for the purposes of his acquittal, has presented events which have been proven untrue.
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Article 1925
A legal confession shall serve as complete evidence for the individual who has submitted such either personally or by a representative specifically authorized thereto.
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Article 1926
A legal confession cannot be revoked, unless it has been proven that it was submitted in deviation from events that have taken place.
In addition, the legal confession cannot be revoked under pretext of an error in the law.
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Article 1927
A verbal confession made outside the court, cannot be revoked, other than in those events in which evidence by witnesses is admitted.
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Article 1928
In the case described at the end of the previous article, the judge shall have the option to validate a verbal confession submitted outside the court.
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Chapter VI - Concerning the legal oath
Article 1929
The legal oath shall be in two forms:
(1) that which arises where one party refers the decision of the case to the oath of the other party; this shall be referred to as decisive oath;
(2) that which shall be ordered by the judge, in his capacity as such, to one of the parties.
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Article 1930
A decisive oath may be ordered in respect of a dispute of any nature, with the exception of those in respect of which the parties shall not reach a settlement, or in which the confession cannot be taken into consideration.
The decisive oath may also be ordered at every stage of the lawsuit, even if there exists no other means to prove the claim or the exception, in respect of which the oath has been demanded.
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Article 1931
The oath may only be ordered regarding a case which would have been carried out personally by the individual whose oath shall be decisive.
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Article 1932
The individual, who has been ordered to swear an oath, and who refuses to take such or returns such, or the individual who has ordered the swearing of the oath, but to whom this has been returned, and who refuses to take the oath, shall be denied his claim or exception.
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Article 1933
If the act, concerning which the oath shall be sworn, is not the act of both parties, but only of the one whose oath is decisive, the oath shall not be returned.
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Article 1934
An oath shall be ordered, returned or accepted by the party itself only or by the one authorized thereto.
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Article 1935
The individual who has instructed or returned the oath, cannot revoke the act, if the counter party has declared his willingness to swear the oath.
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Article 1936
If the individual who has been ordered to swear a decisive oath, or the individual who has returned such, has sworn the oath, the counter party shall not be entitled to argue the falsity of the oath.
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Article 1937
The oath sworn shall not provide any evidence other than that which disadvantages or benefits the individuals who have instructed or returned the oath, and for his heirs and rightful parties.
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Article 1938
Nevertheless, a debtor in a several liability agreement, to whom the oath is ordered by one of the creditors, and who has sworn such, shall not be released other than in respect of the share of the creditor. The oath, sworn by the principal debtor, shall release the guarantors.
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Article 1939
The oath sworn by one of the debtors who are severally liable shall benefit the other debtors, and the oath sworn by the guarantor shall benefit the principal debtor, if, in these two events, the oath is ordered or has been returned due to the debt itself, and does not pertain to the several liability of the contract or the guarantee.
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Article 1940
The judge may, in his capacity, order the oath to be sworn by one of the parties, whether to determine the decision of the case or to stipulate a designated amount.
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Article 1941
An individual may do so only in the following two circumstances:
(1) if the claim or demurrer has not be fully proven;
(2) if the claim or demurrer is not totally lacking in evidence.
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Article 1942
An oath regarding the value of the goods claimed cannot be ordered by the judge to be sworn by the claimant, if it is possible to determine the value in a different manner.
In this regard, the judge shall decide which amount regarding which the plaintiff shall be accepted pursuant to his oath.
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Article 1943
The oath, ordered by the judge to be sworn by one of the parties, shall not be returned by him to the counter party.
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Article 1944
The oath shall be sworn before the judge who shall examine the lawsuit. If a valid obstruction renders this impossible, then the court may authorize one of its members to administer the oath, who shall then travel to the residence or domicile of the individual who shall swear the oath.
If, in such event, the residence or domicile is too remotely located or is located outside the legal jurisdiction of the court, then this court may designate the administration of the oath to the judge or head of the local government of the residence or domicile of the individual who is required to swear the oath.
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Article 1945
An oath shall be sworn in person. The judge may permit a party to have an oath sworn by proxy appointed pursuant to an authentic deed, for significant reasons.
A power of attorney shall, in this regard, specify the oath to be sworn in full and accurately.
No oath may be pledged unless in the presence of the counter party who must be properly summoned.
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Chapter VII - Concerning prescription
Article 1946
Prescription is a means of acquiring something or being released from a contract, after the lapse of a specific time period, and pursuant to the requirements stipulated by the law.
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Article 1947
An individual cannot relinquish a right acquired by prescription in advance but may relinquish a right acquired by prescription which has already been obtained.
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Article 1948
The relinquishment of a right acquired by prescription shall occur expressly or by implication, the implied relinquishment shall be concluded from an act which implies that the individual has allowed his acquired right to lapse.
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Article 1949
The individual, who is not permitted to transfer, shall not relinquish a right acquired by prescription.
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Article 1950
The judge may not, officially, apply the means of prescription.
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Article 1951
At every stage of a suit, an individual may invoke prescription, even at higher appeal.
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Pasal 1952
Creditors or other interested parties may appeal against the relinquishment of the rights acquired by prescription, effected by the debtor who, in a deceitful manner, reduces the rights of the creditor or other parties.
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Article 1953
One cannot, by prescription, obtain ownership of goods which are not being traded.
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Article 1954
The government, representing the country, the heads of the local government, and the public organizations or institutes shall be subject to the same means of prescription as specific individuals, and may use them in the same manner.
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Article 1955
To acquire ownership of property by means of prescription, an individual must have continuous, uninterrupted, open and unequivocal possession.
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