Factual provisions of the NCPC: Articles 6 to 8 of the NCPC
The facts come under the assessment by the judges of the fact, that is to say the judges of the merits. It is the “sovereign power” of the trial judges. This “sovereign power” is exercised within the limits set by case law within the framework of the control exercised by the Court of Cassation.
The concept of a legal fact is opposed to that of a legal act . The juridical fact does not imply an act of will on the part of the one who invokes it.
Legal facts are thus defined by the reform of contract law.
“Art. 1100-2.- Legal facts are acts or events to which the law attaches legal effects.
“The obligations which arise from a legal fact are governed, as the case may be, by the sub-heading relating to extra-contractual liability or the sub-heading relating to other sources of obligations .
The legal facts were thus defined by the preliminary draft reform of the code of obligations.
Art. 1101-2 Legal facts are acts or events to which the law attaches legal effects.
Means Proof of the facts
Contra factum non datur argumentum
ILLEGAL AND HARMFUL
The unlawful and harmful acts are the misdemeanors and the quasi-misdemeanors. They involve the tort liability of their authors