[26] Four instances of where this exception applies are then given in the Code. To further temper the strict applicability of article 1341 and its unjust consequences to certain parties in some circumstances, jurisprudence has provided further exceptions. Further the Court of Cassation of France has stated that the exceptions provided in Article 1348 of the Code are not exhaustive and that where that where it is impossible to secure written proof it is certainly possible to bring proof of obligation by either by oral evidence or by presumptions. ( Cass 17 déc 1982, Pas 1983 I P 1982-1983 col 2451; Cass 6 dec 1988. See also De Page t III 3e ed no 904). One of these exceptions has been the moral impossibility to provide such proof arising from the relationship between the parties. Not all relationships even between close family members give rise to this exception. There must also exist close ties as a result of the family relationship (lien de famille) friendship, or trust. In this respect the court is vested with immense power and discretion to appreciate each case on its own facts to determine whether there is such a moral responsibility in any particular relationship to bring a written proof ( see Civ 1re, 28 fevr. 1995, Defrenois 1995.1043, obs. Mazeaud). In Seychelles we have followed this approach and it has become our law (Victor v The Estate of André Edmond (1983) SLR 203, Renaud v Dogley (1983-1987) SCAR II 202, Aniella Vidot v Jerome Padayachy (1991) SLR 279, Esparon v Esparon (1991) SLR 59, Port Glaud Development v Larue (1983-1987) SCAR II 152). [27] I am inclined to reproduce here the following excerpt from the judgment of my sister Judge Robinson JA, from the case of Natalie Sarah Louise Walsh on the principles relating to the admissibility of initial proof in writing. [28] In the case of Robertson v Quinlan 1934 CanLII 77 (SCC) (Supreme Court of Canada), which is an appeal from the judgment of the Court of King’s Bench, appeal side, which affirmed the judgment of the Superior Court, and maintained the respondent’s action, Cannon J. made the following comment in regard to the commencement of proof in writing (initial proof in writing) ― ″Il n’est pas nécessaire que l’écrit établisse un des éléments du fait à prouver; il peut être simplement le point de départ d’un 6