IMPORTANCE OF DOCUMENTARY EVIDENCE IN SEPARATE PROCEEDINGS IN COMMERCIAL CASES

Documentary evidence plays an important role in separate proceedings in commercial cases, which is reflected in the regulation contained in Article 45811 of the Code of Civil Procedure. It stipulates that all material factual circumstances related to a change in civil law relations that affect the resolution of the case can only be proven by documentary evidence. In contrast, the taking of evidence from other sources of evidence would be inadmissible. Such an interpretation, however, would mean that documentary evidence in commercial proceedings is the exclusive evidence to prove the circumstances referred to in this provision. A proper interpretation of this provision should lead to the conclusion that documentary evidence has primacy over other evidence in the sense that the court shall first take evidence from such evidence and, and if all the circumstances relevant to the case have not been clarified, from other types of evidence.