Law of Evidence at Réunion (France)
Réunion, an overseas department and region of France, follows the French legal system, including its Law of Evidence, because it is governed under the same legal framework as mainland France.
Key Points about the Law of Evidence in Réunion:
Civil Law Tradition:
Réunion follows civil law, not common law. This means laws are codified, and court decisions are based more on written statutes than on judicial precedents.
French Civil Code:
Evidence in civil matters is governed by the French Civil Code, primarily:
Articles 1353 to 1386-1 (formerly Article 1315 and following before reforms).
These articles deal with the burden of proof, admissible types of evidence, and presumptions.
Types of Admissible Evidence:
Written evidence (preuve littérale): Most valued, especially in civil and commercial matters.
Testimonial evidence (preuve testimoniale): Limited use unless the value of the transaction is low or if written proof is impossible.
Presumptions (présomptions): Legal inferences based on facts.
Confession (aveu) and Oath (serment): Also admissible in some cases.
Criminal Matters:
The Code of Criminal Procedure (Code de procédure pénale) applies, where evidence is more freely assessed, and judges have wide discretion (the system of "intime conviction").
Digital and Electronic Evidence:
Under French law (and thus in Réunion), digital records can be admissible, especially with electronic signatures compliant with EU regulations (eIDAS Regulation).
Court Structure:
Réunion has the same judicial hierarchy as France, including:
Tribunal Judiciaire (Court of First Instance)
Cour d'Appel (Court of Appeal)
Appeals can go to the Cour de Cassation (Supreme Court) in Paris.
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