Article 124: Deemed admission for withholding a document

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 528/2537 (1994)

   Section 124 applies only where a document is withheld with the purpose of obstructing the opponent; where the party could not produce it because it was innocently lost, there is no such purpose and the deemed admission does not arise.

   The defendant could not produce vouchers and receipts summoned by the court because they were lost during an internal reorganisation. The Supreme Court held this was not a purpose of obstructing the plaintiff, so Section 124 did not deem the plaintiff's account entries admitted.

2. Arrêt de la Cour suprême n° 2944/2526 (1983)

   Section 124 concerns the party who cited a document and then fails to produce, damages, conceals, or renders it useless; it does not apply to a party who is merely seeking to cite documents held by the opponent.

   The defendant argued the appellate court's ruling conflicted with Section 124. The Supreme Court explained that the section applies to the party who cited the document, whereas here the defendant was the one seeking documents from the plaintiff, so Section 124 did not fit.

3. Arrêt de la Cour suprême n° 3589/2525 (1982)

   Where it does not appear which fact a party intended to prove by a summoned document, Section 124 cannot be used to deem that the other party admitted the fact or admitted that no such document exists.

   The Supreme Court held that because it did not appear which fact the defendant wanted to prove by the summoned documents, it could not be treated under Section 124 that the plaintiff admitted the fact or that no such document existed.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.