Part First: Decisive Oath

Article 236

1. The decisive oath is the one directed by a litigant against his opponent to settle the dispute. However, its swearing is only permissible with the court's permission. 2. The decision issued by the court to accept the oath or reject it shall be subject to appeal independently, even before the issuance of the judgment on the merits.

Article 237

The oath shall be administered in the form determined by the court. For a mute person, the oath and refusal thereof shall be considered established by his customary sign if he does not know writing. If he knows writing, the oath and refusal shall be made in writing.

Article 238

It is not permissible to delegate the performance of a criminal act or an act that contravenes public order or morals, nor a contract that the law requires to be evidenced in writing to be valid, nor to deny a fact that is evidenced by an official document proving its occurrence in the presence of the official before whom the legal act was performed, nor to deny a fact that is established by a conclusive legal presumption that does not admit proof to the contrary.

Article 239

1. The court may modify the wording of the oath presented by the opponent so that it clearly and accurately pertains to the matter on which the oath is to be taken.

Article 240

The fact upon which the oath is sworn must be related to the person to whom it is directed. If it is not personal to him, it shall concern only his knowledge or lack thereof.

Article 241

1. The legal representative shall not administer the decisive oath or refuse it to the person who has sworn it to him in matters in which he is authorized to act. 2. The agent shall not administer this oath or refuse it unless he has been authorized to do so.

Article 242

The decisive oath may be administered at any stage of the trial proceedings. It may be administered as a precautionary measure, whereby it is sworn after the court decides to reject the evidence presented in its original form due to its illegality, inadequacy, or lack of usefulness.

Article 243

The person to whom the oath is directed may reject it to his opponent unless it concerns a fact in which both parties did not participate and which the person to whom it is directed is solely responsible for. If the person to whom the oath is directed refuses it without rejecting it to his opponent, and if the person to whom it is rejected refuses it, he loses his claim.

Article 244

1. It is not permissible for the person who has tendered an oath or had it tendered to him to retract it, once his opponent has agreed to take the oath.

Article 245

If the court decides to administer an oath and the person to whom it is directed is present in person, the court may administer the oath immediately. If the person is not present, the court must order them to appear to take the oath in the form determined by the court and on the day specified by it. If the person appears and refuses to take the oath, or fails to appear without a valid excuse after having been personally summoned, they shall be considered to be in contempt.

Article 246

If the person to whom the oath is directed has an excuse preventing his attendance, the court shall attend him or appoint one of its judges to administer the oath in the presence of the other party or after calling him according to proper procedure.

Article 247

A record is drawn up under oath, signed by the oath-taker, the President of the Court or the delegated judge, and the clerk.

Article 248

1. It is not permissible for a litigant to prove the falsity of an oath after it has been sworn by the litigant to whom it was directed or against whom it was made. 2. However, if the falsity of the oath is established by a criminal judgment, the litigant who suffered damage as a result thereof has the right to claim compensation, without prejudice to any right they may have to appeal the judgment issued against them through the available means of appeal.

Article 249

An oath shall not be considered evidence except against the person who took it, or against the person who rejected it, or against the person who neglected it, as well as against their heirs and successors.