أهلية الطفل المميز في عقود التمليك المالية في الفقه و أصوله و القانون اليمني : دراسة أصولية تطبيقية

Abstract EN

The research traces the topic of the non-adult child's eligibility in the financial property contracts.

this topic is one of the important and basic topics due to its relevance with the majority of the people in the society.

apart from this, it is a touchable and practical topic in the life of the people.

and because children might start disposing of their property.

and they may be in some conducts, they have whole eligibility, and in other conducts they don't have.

they may have the full eligibility in some conducts, and they have limited eligibility in some other conducts.

what is the eligibility of non-adult child for these acts of the financial property contracts in jurisdiction and its principles, and in the Yemeni constitution? the research aims to recognize the eligibility of non-adult child of his conducts in the financial property contracts in jurisdiction and its principles, and in the Yemeni constitution? the researcher relays on the descriptive, comparative and practical methodology.

the research is divided into two chapters.

the first chapter is identifying the non-adult child and his eligibility in jurisdiction and its principles and in the Yemeni constitution.

chapters no.

two and three are practical study about jurisdiction and its principles and the Yemeni constitution, and the eligibility of the non-adult child in the property contracts and its judgment either they were donations or netting contracts.

chapter no.

two was about the eligibility of the non-adult child in the netting contracts, whereas, chapter no.

three was about the wrong without the permission and approval of his guardian.

eligibility of the non-adult child in the donation contracts.

the research concludes with mentioning the most important findings such as : 1- the non-adult child in jurisdiction and its principles proves the full eligibility of acting, in his contracts and beneficial conducts to become true without the permission of his guardian according to the mainstream scientists, unlike Shafiaa which doesn’t accept his eligibility of conduct.

2- the non-adult child has the limited eligibility in netting contracts.

in order to be true, there must be the permission of the child's guardian.

it is wrong without that according to the mainstream scientists of Hanafia, Hanbalia and Malkiaa, unlike Shafiaa which doesn’t approve and accept that.

3- the non-adult child doesn't have the eligibility in the harmful donation contracts according to all mainstream scientists and fundamentals and all that is for the sake of the child and his property.

4- the non-adult child in the Yemeni constitution is the one whose age is 10 years, still non-adult and doesn’t reach the age of 15.

5- the approval of the Yemeni constitution for mainstream scientists and fundamentals for the eligibility of non-adult child in the netting and donation contracts unlike Shafiaa.

the non-adult child has the limited eligibility in the netting contracts in the case of the permission of the child's guardian.

in this case, it would be a kind of training for the child to manage his property.

it would be.