Article 93, Civil procedure code 2015 provides that: “Evidence in a civil case is any matter of fact which is handed over or produced to the court by the parties, agencies, organizations or other individuals in the litigation process or collected by the court according to the orders and procedures prescribed by this Code and used by the court as the basis for ascertaining objective details of the case as well as whether the parties’ claims or protests are well-grounded and lawful ”.
In addition, according to the provisions of law, there are various different sources of evidence, such as electronic data, material evidence, witness’s testimony, etc. In sources of evidence to ascertain debt recovery requirements, documents which you can read, hear, see as well as electronic data make up a relatively large rate. These documents can be used as evidence by the court if they meet particular requirements. According to Clause 2, Article 95 of Civil procedure code 2015 and point b, clause 2, Article 3 of Resolution no. 04/2012/NQ-HDTP, documents or archive files which you can hear, see are produced attached with a written confirmation of origin or a written notice of matters related to records. If they are not produced, documents or archive files which you can hear, see are handed over by the parties will not be considered evidence, they will be invalid. Then, the trial panel only uses these documents to consult during the process of solving a case.
In the real trial, if the parties confirm that the voices in the audio recordings are their own and contents in the audio recordings are matters of the fact, the court recognizes that audio recordings are evidence. Actually, debtors may confirm that the voices in the audio recordings are not their own, contents in the audio recordings are not matters which they discussed and they do not provide their voices to assess. In addition, it is difficult for creditors to provide the origin of audio recordings and written demonstrations. These are the hindrance to the debt recovery process of creditors.
Therefore, in order to protect rights and benefits of your own, in property lending, you need to make a written agreement which is full of signatures, notarization and certification of truth.
If you need more understanding of this issue, please contact the below details to be consulted by lawyers of Phong & Partners.
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PHONG & PARTNERS LAW FIRM
Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh Street, Danang city - 0905.102425
Son Tra Branch: 01 Dong Giang street, Danang city - 0905.205624
Lien Chieu Branch: 21 Truong Van Da street, Danang city - 0901.95099
Ngu Hanh Son Branch: 03 Chu Cam Phong street, Danang city - 0905.579269
Tel: 0236.3822678
Email: Phongpartnerslaw@gmail.com
Web: https://phong-partners.com
