Extrajudicial Admission

It is the admission made outside the court, or before the court in a case other than the one filed regarding the admitted fact. This is stipulated in Article (95/Second) of the Law of Evidence No. 107 of 1979 (as amended).
It may also occur before a judicial authority that has no jurisdiction to adjudicate the matter subject of the admission.

Whoever claims the existence of an extrajudicial admission must prove that it was made by the admitter. If the value of the case does not exceed five thousand dinars, such admission by the opponent may be proven by witness testimony and presumptions. If it exceeds that amount, proof is admissible only in writing, in accordance with the provisions of the Law of Evidence.

Elements of Admission:

First – The Admitter:
The admitter must have full legal capacity, and his consent must be free from defects of will at the time of admission. This is because the admitter’s will is directed, upon admission, toward creating a legal effect—namely, establishing the right admitted against himself and exempting his opponent from providing evidence that would otherwise have been required. Since admission establishes a right against the admitter that was not previously established, the admission of a minor, an insane person, or an imbecile is not valid, as they are legally incapacitated, and all their verbal acts are void. Their guardians, trustees, or custodians also cannot make a valid admission on their behalf. The Court of Cassation has ruled: “Judgment against minors cannot be based solely on admission, as the admission of a person lacking or deficient in capacity is not recognized.”

Second – The Admittee (the person to whom the admission is made):
For an admission to be valid, the admittee must exist either in fact or in law, or be identifiable at the time of the admission. Admission may be made to a natural person or to a legal entity. The admittee’s legal capacity is not required; thus, admission may be validly made to a minor, an insane person, a careless person, or someone under guardianship.

Furthermore, the validity of admission is not contingent upon the admittee’s acceptance, since admission is a unilateral legal act that does not depend on acceptance. However, it may be rejected, in which case it is nullified, as the admittee’s acceptance adds nothing to the strength of the admission.

Third – The Admitted Matter (the subject of admission):
The admitted matter refers to what the admission relates to. As stated earlier, admission is the acknowledgment by a party of a right owed to another. Therefore, admission must concern a legal fact.

A legal fact may either be a natural fact or a voluntary act. A voluntary act may be a material act or a legal act (transaction). A legal act may either be bilateral (a contract) or unilateral (a declaration of will). Articles (63) and (64) of the Law of Evidence clarify the following conditions:

1. It must be definite.
2. The admitted matter must be lawful.