سلطة الولي والوصي في إيجار عقار القاصر: دراسة مقارنة بين القانونين العراقي والمصري

Abstract EN

This research deals with the authority of guardian and trustee to rent the minors' real estate in Iraqi and Egyptian laws.

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 the trustee's authority to rent the minors' real estate and agricultural lands are the same in both laws, and legal extension of the minor's real estate rent contracts after the expiry of its term against the will of the guardian and trustee.

On the issues of disagreement, the scale of preponderance was in favor of Iraqi law on some issues, such as it is not permissible to rent the minor's real estate by guardian or trustee if the minor completes the age of majority.

On other issues, the scale of preponderance was in favor of Egyptian law, such as granting the guardian wider authority compared to the authority of the trustee.

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