الإقرار كوسيلة للإثبات في التشريع والقضاء الجزائريين

الملخص EN

Confession is a means of proof in Algerian legislation and judiciary, and it has two forms: judicial and non-judicial approval.

in articles 341 and 342 of the civil code, the Algerian legislator adopted judicial approval, leaving the non-judicial approval to the discretion of the judge.

considering that the confession was described as the master of evidence, the legislator set several conditions in order for it to gain its conclusive authority and exempt the plaintiff from proof.

it must be issued by the opponent and focused on an alleged legal fact, and must be before the judiciary and during the course of the case related to it.

the Algerian judiciary has gone along with the legislator by applying its rulings to be a conclusive proof against the one who made the statement.

the confession was also considered an inseparable part of its owner if it was based on facts.

multiple, and the existence of one of them does not necessarily necessitate the existence of the other facts, and the question arises here about the intention of the acknowledgment and the formula that must be present in the acknowledgment; the legislator left this to the judiciary in the absence of a legal text regulating it.