Authentic Deed Presumption Against Contrary Testimony
Synthèse Legislator
Généré par l'IAA party contracted with another for the purchase of land under a deed containing a statement that the specified price had been paid, but later sued to void the sale, alleging that the price had not actually been paid and that the parties intended the sale to be subject to a condition precedent of actual payment. The Court of Cassation rejected the claim, holding that the authentic act of sale, which explicitly stated that the price had been paid, established a presumption of full payment that could not be overcome by contrary testimony alone, as the instrument was conclusive proof of the parties' agreement regarding the price payment unless the alleged error or simulation was established through evidence meeting higher standards than mere witness testimony.
Regeste Legislator
Généré par l'IAAuthentic Deed Presumption Against Contrary Testimony: The Court of Cassation rejected the claim, holding that the authentic act of sale, which explicitly stated that the price had been paid, established a presumption of full payment that could not be overcome by contrary testimony alone, as the instrument was conclusive proof of the parties' agreement regarding the price payment unless the alleged error or simulation was established through evidence meeting higher standards than mere witness testimony.