1161. The testimony of one witness is sufficient in all cases in which proof by testimony is admitted.
1162. All persons, except those of unsound mind, are competent witnesses. But the evidence of the following may, in the discretion of the Court or Judge, require the corroboration either of other evidence or of attendant circumstances:
1. Persons deficient in understanding, whether from immaturity of age, or other cause;
2. Those insensible to the religious obligation of an oath;
3. Those declared infamous by law;
4. Husband and wife, for or against each other;
5. A party to a suit when his or her evidence is in his or her own favour;
6. Persons interested in a suit, or related to the parties within the degree of cousin-german.
1163. Proof may be by testimony:
1. Of all facts concerning commercial affairs;
2. In a matter in which the principal sum of money or value in question does not exceed $48;
3. In a case in which real property is held by permission of the proprietor without lease, as provided in the Book respecting Lease and Hire;
4. In case of deposit or bailment under pressing necessity or deposit made by a traveller in an inn, and in other cases of a like nature;
5. In the case of an obligation arising from a quasi-contract, delict, or quasi-delict, and in all other cases in which proof in writing cannot be procured;
6. In any case in which the proof in writing has been lost by unforeseen accident, or is in the possession of the adverse party or of a third person without collusion of the claimant, and cannot be produced;
7. In any case in which there is a commencement of proof in writing.
In all other matters proof must be by writing or by the oath of the adverse party.
The whole, nevertheless, being subject to the exceptions and limitations specially declared in this section, and to the provisions contained in article 1590.
1164. Testimony cannot in any case, be received to contradict or vary the terms of a valid written instrument.
1165. Even in commercial matters, in the absence of a writing signed by the debtor, no action or exception can be maintained when the sum involved exceeds $48, upon an obligation arising:—
1. From a promise or acknowledgment whereby a debt is taken out of the operation of the law respecting the limitation of actions;
2. From a ratification made by a person of the age of majority, of any obligation contracted during his or her minority;
3. From a representation, or assurance with the object of obtaining credit, money or goods for another.
(Amended by Act 34 of 1956)
1166. In any action for the recovery of a sum which does not exceed $48 proof by testimony cannot be received if such sum forms part of a debt under a contract which cannot be proved by testimony.
The creditor may, nevertheless, prove by testimony a promise made by the debtor to pay such balance, when it does not exceed $72.
1167. If in the same action several sums be demanded which united form a sum exceeding $48, proof by testimony may be received if the debts have arisen from different causes or have been contracted at different times, and each were originally for a sum less than $48.