مفهوم القاصر و أهليته في القانون العراقي و المصري : دراسة مقارنة

Abstract EN

This research deals with the concept of minor and his eligibility in Iraqi and Egyptian law.

Its purpose is to clarify the similarities and differences between the laws of both countries with respect to the subject of the study, in order to take advantage of the strengths points of each law.

To achieve this, the researcher used the inductive analytical, comparative and critical method.

The study concluded with results: the similarity between the two laws on certain issues; such as considering a minor who has not yet attained the age of seven as not having discretion and revoking all his actions, revoking all actions of the minor who has discretion, if harmful, and the differences in other matters.

On the issues of disagreement, the scale of preponderance was in favor of Iraqi law on some issues, such as the actions between the benefit and the harm done by the minor who has discretion takes place pending on the permission of his guardian.

On other issues, the scale of preponderance was in favor of Egyptian law, such as addressing the judgment of the minor who conducts the employment contract and disposes of his wages.

Thus, the Iraqi legislature can benefit from the Egyptian legislator, and vice versa.