أحكام انضمام القاصر إلى الشركات التجارية

Abstract EN

The general rule regarding the minor`s eligibility to join commercial companies is that not permissible to establish a company contract by himself because he does not have the required capacity for that.

as for the minor who is authorized to trade in part of his money, a wide doctrinal dispute between supporters and opponents has been raised regarding his eligibility to conclude the company contract in person, as some jurists allowed him to establish a company of people or a money company within the limits of the permission granted to him, while another group tended to distinguish between companies, so allow him to join money companies without personal companies to protect him from the dangerous consequences of joining this type of cpmpany.

and in cases in which the minor has a share in his inheritor, according to the Iraqi companies law in force, he replaces his inheritor in the capacity he was.

before death, as a partner in solidarity with the rest of the partners, he treats the partner`s transaction with full capacity, contrary to what is the case with regard to the laws of the rest the countries promised the minor`s joining the company as a trustworthy partner who does not jointly protect him.