Colombian Commercial Code - Decree 410 of 1971 - First Book - Of Merchants and Trade Affairs - Title IV - Trade Books, Chapter III - probative value of the books and papers of Commerce - The Art 68 Al Article 74

COLOMBIAN COMMERCIAL CODE

CHAPTER III

Evidentiary value of books and trade papers


Article 68 .- The books and trade papers constitute full proof in matters mercantile traders discuss among themselves, or out of court.
In civil matters, even among traders, such books and papers have value only to its owner, what they consist of a clear and comprehensive and if its non-acceptance when it is unfavorable.
Article 69 .- On trade issues with non-merchant, the books will only constitute a prima facie case in favor of the trader, who need to be complemented by other legal tests.

Article 70 .- In disputes arising between merchants, the probative value of his books and papers will be determined by the following rules:
1. If the books of both parties are set to legal requirements and agree with each other, be decided according to the content of their seats;
2. If the books of both parties comply with the law, but the seats do not match will be decided considering the trade books and papers constitute a confession;
3. If the books of one of the parties are not set by law, be assessed according to the counterparty to take them properly, if it is not full proof argues that destroys or distorts the content of such books;
4. If the books of both parties do not meet legal requirements, they will be dispensed with entirely and only take into account the other evidence in the trial, and
5. If a party has adjusted to the law books and the other has no accounting or not the shows will be assessed according to the former, without regard to fault.
Article 71 .- If a party offers it be recorded in the books and papers of the other, be decided based on them.
Article 72 .- Faith due to books is indivisible. Consequently, accepting the books in favor of his opponent will be forced to go through all the utterances that they contain harmful if they conform to legal requirements and does not check fraud.
Article 73 .- If the trader whose books and papers defers the decision of the case takes them, hide them or takes them irregularly, is decided according to the above provisions.
Article 74 .- If a trader takes double counting or engages in any fraud of this nature, his books and papers shall only be against him.
There will be double counting when a trader takes two or more books in that same record in different ways the same operations, or have different proofs on the same acts.

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