Article 1312

The rules laid down as above shall not be binding in the following cases: 1 - In cases where the testimony of a witness strengthens or completes the evidence, as when some proof is available in support of the original claim, but the quantity or the amount is unknown and the testimony is given to indicate the quantity or the amount. 2 - In cases where it is not possible to obtain a document owing to an accident, such as fire, blood, earthquake or shipwreck, in which circumstances a person who has entrusted his property to another person cannot possibly obtain a document for it. 3 - In respect of all obligations for which documents are not usually obtained, as for instance, the goods which persons entrust to hotel, cafes, inns, and theatres and such as the fees of doctors and midwives; also in respect of discharge or obligations for which it is not usual to obtain a document, such as works undertaken under contract or the like, even if the original undertaking is based on a document. 4 - In cases where the document has been lost or destroyed as the result of unexpected events. 5 - In cases of automatic guarantees and other affairs not involved in contracts and transactions. Article 1313 – 1n a witness maturity, sanity, justice, faith and legitimate descent are required. Note 1 - The witness’ justice must be established by a religious procedure for the Court. Note 2 - The testimony of a person who has a personal interest, the res or prefit thereof, in the subject - matter of the Claim or has the right to challenge the claim, as well as the testimony of medicants shall not be accepted.