Testimony evidence shall be allowed in cases that should have been proved in writing in the following cases: 1.If the principle of documentary evidence, either electronic or paper, exists. 2.If there is a material or moral impediment that hinders obtaining a written electronic or paper proof. In case of absence of any person who can write the instrument or in case that the person requesting testimony evidence is a third party not a party to the contract, this shall be deemed as a material impediment. Kinship between spouses or relationship by blood or marriage shall be deemed as a moral impediment. 3.If it is proved that the plaintiff has lost his electronic or paper written instrument for a reason beyond his control; and 4.If the documentary evidence is challenged as containing matters prohibited by law or contradicting the public order or morals.
Interpretation and application must be checked against the official text and current version.