Confession in benefit of certain acknowledgee who is known in brevity
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.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.