Article 15 of the Saudi Law of Evidence
المادة 15 من نظام الإثبات · الفصل الأول: الإقرار
The person making an admission must have capacity to deal with what he admitted; a discerning minor's admission is valid to the extent of his authorization, as is a guardian's, executor's or waqf administrator's within the limits of their authority.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يشترط أن يكون المقر أهلاً للتصرف فيما أقر به.
2- يصح إقرار الصغير المميز المأذون له في البيع والشراء بقدر ما أذن له فيه.
3- يصح الإقرار من الوصي أو الولي أو ناظر الوقف أو من في حكمهم فيما باشروه في حدود ولايتهم.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 15 explained in plain English
This article specifies whose admission is valid, that is, the capacity required of the person making the admission:
- The general rule: the person making the admission must have capacity to deal with what he admitted. What counts is his capacity to deal with the matter that is the subject of the admission.
- A discerning minor who is authorized: his admission is valid if he is authorized to buy and sell, but only to the extent of what he was authorized to do; whatever goes beyond the limits of the authorization is not covered by this rule.
- One who acts for another: the admission of an executor, guardian, waqf administrator or the like is valid on two conditions: that the admission is about what they carried out, and that it is within the limits of their authority.
In practice this means that, for example, the admission of a waqf administrator about a transaction he carried out within the limits of his authority is valid, whereas an admission by him about something he did not carry out or that is outside the limits of his authority is not covered by this text.
The article is linked to Article 14, which defines a judicial admission as the opponent's acknowledgment before the court of a fact alleged against him during the course of a case relating to it, and a non-judicial one as an admission not made before the court or made in another case, and to Article 16, which provides that an admission may be express or implied, oral or written, and is not accepted if the apparent position contradicts it.
Questions of capacity and authority may touch on personal status and waqfs, so it is advisable where needed to consult a lawyer specializing in civil cases or in personal status, depending on the nature of the dispute.
Practical example
Abdulrahman is the guardian over the property of his minor nephew, and in that capacity he sold a plot of land belonging to the minor. In a later dispute about the price of the land, Abdulrahman admitted receiving the price. His admission is valid because it relates to a transaction he carried out himself within the limits of his authority.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 15 of the Saudi Law of Evidence
Is a minor's admission valid?
The article requires that the person making the admission have capacity to deal with what he admitted, but it validates the admission of a discerning minor who is authorized to buy and sell to the extent of what he was authorized to do.
Is the admission of a guardian or executor valid?
Yes, in what they carried out and within the limits of their authority, as is that of a waqf administrator and the like.
What is the condition for an admission to be valid?
That the person making it has capacity to deal with what he admitted.
More articles on Admission and Questioning of Parties
- Article 11
Admission, interrogation, testimony and the oath take place before the court, which may move or assign a judge if that is not possible, and delegates the court of the place of residence if evidence cannot be taken electronically.
1- تكون إجراءات الإثبات من إقرار أو استجواب أو أداء للشهادة أو اليمين أمام المحكمة، فإن تعذر فللمحكمة أن تنتقل أو تكلف أحد قضاتها بذلك. 2- إذا كان المقر أو المس
- Article 14
An admission is judicial if the opponent acknowledges before the court a fact alleged against him during a case relating to it, and non-judicial if it was not made before the court or was made in another case.
1- يكون الإقرار قضائياً إذا اعترف الخصم أمام المحكمة بواقعة مدعى بها عليه، وذلك أثناء السير في دعوى متعلقة بهذه الواقعة. 2- يكون الإقرار غير قضائي إذا لم يقع أم
- Article 16
An admission may be express or implied, oral or written, and is not accepted if the apparent position contradicts it.
1- يكون الإقرار صراحة أو دلالة، باللفظ أو بالكتابة. 2- لا يقبل الإقرار إذا كذبه ظاهر الحال.
- Article 17
A judicial admission is conclusive proof against the person making it, and its effect is confined to him alone and not to others.
الإقرار القضائي حجة قاطعة على المقر، وقاصرة عليه.
- Article 18
The person making an admission is bound by it and may not retract it, and an admission is not divided against him unless it concerns several facts, none of which necessarily implies the existence of another.
1- يلزم المقر بإقراره، ولا يقبل رجوعه عنه. 2- لا يتجزأ الإقرار على صاحبه، إلا إذا انصب على وقائع متعددة، وكان وجود واقعة منها لا يستلزم حتماً وجود الوقائع الأخر
- Article 19
A non-judicial admission is proved in accordance with the provisions of the Law of Evidence, and may not be proved by testimony except in cases where proof by testimony is permitted.
يكون إثبات الإقرار غير القضائي وفق الأحكام المقررة في هذا النظام، بما في ذلك عدم جواز إثباته بالشهادة إلا في الأحوال التي يجوز فيها الإثبات بالشهادة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.