Article 1328

The person whose lot it is to swear must, in the event of failing to prove the nullity of the claim put forward by the other party, either take an oath or pass it on to the other party . In case he will neither take an oath nor pass it on to the other party, he will be condemned in regard to the claim for which an oath has been requested, on the oath taken by the claimant as decided by the Court.

added as an amendment .on 29 December 1982. The court can on the basis of The importance of the subject of litigation, the personality of the litigant, a other effective circumstances offer that the oath should be taken with certain special religious .ceremonies , or make the taking of the oath more solid in any other way. Note - If a person who has been required to take oath with these religious formalities or solidness , does not accept these extra formalities and nevertheless takes an oath (without these additional formalities), will not he considered as having de the oath.