Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

544 EVIDENCE
forth, and of the declarations of the parties directly related to
the act.
34 A private writing does not make proof of its date against
third parties, but the date may be established against them by
any means.
However, writings which relate to acts repeated in the
course of a regular activity are presumed to have been made
on the date they bear.
§ - 5 Unsigned writings, private registers and papers
35 An unsigned writing which is not the draft of an
instrument makes proof against its author.
36 Except in the cases provided for in Articles 42, 43 and
44, private registers and papers make no proof in favour of the
person who drew them up; they make proof against him.
37 A release, even unsigned and undated, made by a
creditor on the title of his debt makes proof against him.
38 Anyone who invokes a writing mentioned in Articles 35,
36 and 37 must prove that it originates from the person
against whom it is set up.
39 The writings mentioned in Articles 35, 36 and 37 may
be contested by any means.
Section II
Testimony
40 Testimony is a statement by which a person asserts facts
of which he has personal knowledge.
A statement by which an expert gives his opinion is also
testimony.