Judgment No. 9329 of 2024: Disavowal of Private Writing and its Validity in a Legal Context

Order No. 9329 of April 8, 2024, issued by the Court of Cassation, offers an important clarification regarding documentary evidence, particularly concerning the disavowal of private writings. This issue proves crucial in legal contexts, where the validity of evidence can determine the outcome of a case. The order in question, issued by President F. D. and rapporteur M. R., refocuses attention on how the disavowal of a private writing originating from a third party does not compromise its usability.

The Meaning of the Maxim

Disavowal of a private writing originating from a third party - Consequences - Unusability - Exclusion - Basis. In matters of documentary evidence, the disavowal of a private writing pursuant to Article 214 of the Code of Civil Procedure deprives only the document written or signed by the party against whom it is produced of its evidentiary effect, not also a private writing originating from a third party, which, therefore, is usable even if disavowed and may also be deemed unreliable by the judge, even if its authenticity is not contested.

This maxim highlights a fundamental aspect of current legislation. According to Article 214 of the Code of Civil Procedure, a party may disavow a private writing produced against them, but such disavowal does not extend its effects to writings originating from third parties. This means that, although a document may be disavowed by a party, it can still be considered by the judge as evidence, unless there are elements that compromise its reliability.

Practical Implications of the Judgment

The practical implications of this judgment are manifold and touch upon various aspects of procedural law:

• A third party's private writing can be used in court even if disavowed, expanding the evidentiary opportunities for the party presenting it.
• The judge has the discretion to assess the reliability of the evidence, considering the context and circumstances under which the writing was drafted.
• This situation offers greater protection to the parties involved, as it ensures that potentially relevant documents are not excluded a priori.

These elements highlight how the Court of Cassation is seeking to balance the rights of the parties in litigation, ensuring fair access to evidence and, consequently, to more efficient justice.

Conclusions

In conclusion, Order No. 9329 of 2024 represents a significant step in clarifying the dynamics of using private writings within the framework of procedural law. The distinction between documents produced by a party and those originating from third parties offers new opportunities for the use of documentary evidence, underscoring the importance of correct interpretation of the rules. It is essential for legal professionals to consider these developments, as they can significantly influence the course of civil cases.