Confession in benefit of certain acknowledgee who is known in brevity

Document Type : Research Paper

Authors

1 Assistant Professor, Qom University

2 L.L.M student in private Law, Qom university.

Abstract

The jurists of Imamiyeh religion do not have a single idea about
degree of knowledge that the acknowledger should have about
acknowledgee. In article 1271 of civil code, it is stated that validity of
confession at least is subject to minimum knowledge about
acknowledgee. The style of writing of this article has caused
disagreement between lawyers. This point may be the cause of different
judgments in similar case. In addition, the manner of giving effect to this
confession and also the way of determination of the real acknowledgee is
not stated in the code. After dealing with the subject in Imamiyeh
religion and analysis of it in law, the present paper proves that
acknowledgee should be determinable in trial, and this matter is not
limited to doubt of acknowledger between two certain people, and we
can give effect to unknown confession which is determinable by
available evidence in proceedings.

Keywords