Part Third: Presumption of Possession of Movables

Article 300

1. Presumptions are of two types: legal presumptions and judicial presumptions.

Article 301

1. The legal presumption is that which is stipulated by the law, and it suffices for the person in whose favor it is decided, as opposed to any other method of proof. 2. It is permissible to overturn this presumption with counter-evidence, unless there exists a provision that rules otherwise.

Article 302

A judicial presumption is one not provided for by law, which the judge deduces from the circumstances and facts of the case according to his power of assessment. Proof by judicial presumptions is not permitted except in cases where proof by witness testimony is permitted, unless the ground of challenge to the legal act is fraud or deceit or the presumption is drawn from facts that may be considered voluntary execution, total or partial, of the alleged obligation.

Article 303

1. Final judgments are conclusive evidence of the rights decided therein and it is not permissible to accept evidence that undermines this conclusiveness. 2. However, such judgments shall only have this conclusiveness in a dispute that arises between the same parties themselves, without their capacities changing, and concerning the same subject matter and cause of action. 3. The court may raise this conclusiveness of its own accord.

Article 304

1. The civil judge is not bound by a criminal judgment except in the facts that the judgment has ruled on and where such ruling was necessary.

Article 305

If the penal judgment rules to lift the liability from the defendant, limited to examining the act from the perspective of criminalization without denying its occurrence, it does not prevent the prosecution of the defendant - before the civil judiciary for compensation.