حق القاصر في ممارسة العمل التجاري : دراسة مقارنة

الملخص EN

The commercial business has dewed one of the legal acts which require a certain type of capacity.

there for the Iraqi commercial code and the other legislation had stipulated that any person who would like to practice the commercial business must has full legal capacity to do it ,because this job has been based on special characteristics which are fast implementation, confidence and credit.

Hoverer if any person want to practice the commercial business he should has full legal capacity for doing this job and this is the general legal rule of the commercial law, but the law permitted as an exception for the rational legally minor to practice the commercial business on particular legal stipulations.

In addition to that either the rational or non-rational minor may eventually possesses a commercial project or some shares in a certain company by means of inheritance or a will ,in all these above mentioned cases the minor and his properties should be ensured by several legal guarantee ,that may protect him from any risks and keep him away to be as subject of the sound legal rules of commercial law which are applicable on all businessmen, Its worth mentioning that the Iraqi law of commerce did not provide any legal rules on this subject which may provide a sufficient protection for the legally minor and his properties while he is at the beginning of his practical live.