Article 185: Taking evidence on the issues

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 10026/2560 (2017)

   Where the defendant's answer does not clearly admit or deny an allegation, no issue in dispute arises on that point under Section 177 paragraph two, and taking evidence and deciding it anyway breaches Section 185 paragraph two read with Section 142.

   Because the defendants' answer did not clearly admit or deny the plaintiff's standing, there was no issue on standing, so the trial court's decision on it was improper. The appellate court set aside the judgment and ordered the case retried on the proper issues.

2. Arrêt de la Cour suprême n° 2141/2544 (2001)

   A fact that falls outside the framed issues in dispute cannot be proved, and the parties have no right to adduce evidence on it, under Section 185 paragraph two. The court cannot cure this on the basis that both sides fully contested the point.

   Whether the loss arose from a peril of the sea was outside the framed issues, so evidence on it was inadmissible under Section 185 paragraph two, and the fact that both sides had litigated the point did not give the court power to consider it.

3. Arrêt de la Cour suprême n° 4501/2532 (1989)

   The court must take evidence on the issues framed from the complaint and the answer under Section 185 paragraph two. A statement recorded after the plaintiff's evidence and not admitted by the plaintiff does not create a new issue, and no evidence may be led on it.

   The issues were whether the loan agreement was forged and whether the complaint was vague. A later note that the defendant had repaid, recorded after the plaintiff's evidence and not admitted, added no issue, so the defendant could not lead evidence of repayment.

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