Chapter I: Of the Confession of the Parties

An assertion concerning some fact, in writing or orally, made by one party against himself and for the adversary before the judge, whether spontaneously or when the judge interrogates, is called a judicial confession.

If there is question of some private business and the public good is not involved in the cause, the judicial confession of one party, provided it is made freely and deliberately, relieves the other from the burden of proving.

A party who has confessed something in judgment cannot come against his own confession, unless either he does this immediately, or proves that the confession itself either lacks the conditions expressed in can. 1750 or is to be ascribed to an error of fact.

A confession, whether in writing or orally, made to the adversary himself or to others outside judgment, is called extrajudicial; and when it has been brought into judgment, it belongs to the judge, all circumstances of things having been weighed, to estimate how much it is to be valued.