The law obliges a plaintiff to provide evidence for their claim, unless the opponent concedes to it, in whole or in part. In this case, the plaintiff is relieved from the burden of proof for what the opponent has admitted. The admitting party is then bound by their admission, which cannot be retracted and becomes conclusive evidence against them.

The definition, rules, and evidentiary value of admission are outlined in the Iraqi Law of Evidence No. 107 of 1979, specifically in Articles 59-70. Article 59 defines admission as "a party's acknowledgment before the court of a right held by another against them."
This definition clarifies that an admission is a party's self-testimony in favor of their opponent, affirming the validity of a legal fact. It is a prerequisite for a valid admission that it be made during the course of a trial and before the court handling the case. An admission is a declarative act; it does not create rights but rather acknowledges or confesses a fact or the existence of a right established prior to the date of the admission.

Some scholars argue that an admission must be explicit, not implied, as can be inferred from a party's silence. This is because admission requires a declaration, and silence is not a declaration, with the exception of a mute person's recognized gestures. A speaking person's gestures, however, are not considered an admission.

In Article 74 of the Law of Evidence, the Iraqi legislator established a judicial presumption that allows the court to resolve a case if a party fails to appear for questioning without a valid excuse, attends but refuses to answer without legal justification, or claims ignorance or forgetfulness.

Based on the provisions of Iraqi law concerning admission, we find that a judicial admission holds the highest evidentiary value for proving an unsettled right. It establishes the admitted legal fact with certainty, leaving no room for denial. Consequently, the admitting party must relinquish their claim to that fact and fulfill any obligations arising from the admission, performing and delivering what they have admitted to the party for whom the admission was made, willingly or not.

An admission is accepted as evidence in almost every matter: debts, real estate, livestock, denials or waivers, as well as family matters such as marriage, divorce, lineage, and inheritance, and even in criminal cases involving offenses against persons or property.

The key distinction between a judicial admission and a confession is that a confession is "a defendant's admission to committing all or part of the acts constituting a crime." The term "admission" is used in the Iraqi Code of Criminal Procedure No. 23 of 1971 in Article 218 and other articles of the law.

One of the most crucial rules regarding admission is its indivisibility. The Iraqi legislator established this general principle in Article 69 of the Law of Evidence No. 107 of 1979, which stipulates: "An admission cannot be divided against the admitting party unless it pertains to multiple facts and the existence of one fact does not necessarily entail the existence of the others."

This provision is not a new principle but one that has been settled in legal jurisprudence. This rule primarily aims to prevent a shift in the positions of the litigants regarding the burden of proof. If an admission were divided, and the admitting party were forced to prove the part that favors them, they would be unjustly burdened with proof. This is because the party for whom the admission was made has not provided any evidence for the disputed right, thus a request for proof from the admitting party would be unwarranted. Therefore, the rule of indivisibility of an admission is perfectly consistent with the general rules of the burden of proof
It is clear that, in general, the principle is that an admission cannot be divided so as not to harm the admitting party. The application of this rule is affected by the type of admission to be divided, as follows:

This is an admission in which the admitting party accepts the entirety of the opponent's claim. For instance, if the plaintiff's claim is for a specific sum of money, and the defendant admits to the full debt and its due date, this type of admission does not present any issues. If the admission is simple and both parties agree on the subject of the claim, there is no need for further consideration.

This is an admission of the claimed fact, but with a qualifier that restricts the admission. For example, if a defendant admits to a debt but denies the interest or a penalty clause, this is a qualified admission. It remains contingent upon the proof of the interest or penalty clause. Here, the creditor must either accept the entire admission with its qualifier or reject it entirely. They cannot demand to divide it, accepting the admission of the debt while ignoring the other part. Consequently, the judge cannot simply rule in favor of the plaintiff for the admitted amount. The judge must consider the fact itself. If the debt is definitively established by the admission, it is certain that the defendant is indebted for that amount. The added qualifier, however, is considered established in favor of the admitting party, although the plaintiff has the right to disprove it using legally permissible methods of evidence.

In this case, the admitting party not only confesses to the claimed fact but also adds another fact that modifies or nullifies its effects. This added fact is subsequent to the claimed fact. For example, if a debtor admits to the debt but claims it has been paid or waived, it is not permissible to accept the admission regarding the debt while ignoring the fact of payment or waiver. In this situation, the party for whom the admission was made must either accept the entire admission or reject it completely. If they reject it, they must prove the debt using legally permissible methods of evidence.

In summary, an admission resolves a dispute when its elements and conditions are met, including being made before a court, being explicit, and being indivisible. It relieves the opponent of the burden of proof and binds the admitting party to what they have admitted, whether the admission is simple, qualified, or compound. The other party retains the right to refute it using legally prescribed methods.
Admission in a civil context differs from a criminal confession in its subject matter and consequences, but it remains a decisive tool when it fulfills the conditions specified in the Iraqi Law of Evidence (Articles 59-70). Therefore, admission remains a fundamental pillar for achieving justice and balancing the positions of the litigants, provided its rules, especially the principle of indivisibility, are respected.

1. Dr. Ahmad Abu Al-Wafa, Commentary on the Texts of the Law of Evidence, 2nd edition, 1981, p. 723.
2. Dr. Ahmad Fathi, The Law of Criminal Procedure, Cairo, 1996, p. 696.
3. Judge Lafta Hamel Al-Ujaili, Explanation of the Law of Evidence, Al-Sanhouri Library, p. 180.
4. Judge Muhammad Abdul Ali Shathan, The Judiciary's Position on the Rule of Indivisibility of Admission in Civil Evidence, p. 21, a comparative legal study.
5. Qais Abdul-Sattar Othman, Admission and Interrogation of Opponents in Civil Evidence, p. 317, a comparative study doctoral thesis, College of Law, University of Baghdad, 1979.
6. Judge Mahdi Salih Muhammad Amin, Indirect Evidence of the Law, p. 88, Baghdad, 1987.
7. Dr. Sulaiman Murqus, p. 347.

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