Institute of Global Law

On 7 October 2004, the Second Civil Division of the Cour de cassation rendered a decision on the issue of evidence in the case of a loan where payment was claimed by the lender’s heirs. The Second Civil Division judged that a telephone conversation between the lender and the borrower concerning payment, which had been recorded by the lender without the borrower knowing it, was disloyal evidence which could not be admissible before a court.