Mechanisms for Managing Minors' Property (Exploitation as a Model)

خضير, حسين مهلي; Nasser, Abdul Mahdi Kazim

doi:10.63677/jqlap.2025.159050.1311

	Mechanisms for Managing Minors' Property (Exploitation as a Model)
AL-Qadisiya Journal For Law and Political Sciences
Article 32, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 633-656 PDF (1.08 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.159050.1311
Authors
حسين مهلي خضير^* ¹; Abdul Mahdi Kazim Nasser²
¹جامعة القادسية كلية القانون
²University of Al-Qadisiyah / College of Law
Abstract
The Iraqi legislator, in its provisions regulating the administration of minors' real estate, operates from the premise that the legal guardian's authority over these assets is temporary. Consequently, there is a necessity to avoid any substantial alteration of these assets and to refrain from encumbering them with obligations that would restrict the rightful owner's authority upon regaining control, or upon the termination of the legal guardianship for any reason, such as the owner's death or presumed death. Therefore, meticulous care has been taken to confine this authority to the narrowest possible limits, ensuring the protection of these properties and the overall financial solvency from harm or damage. The comparative approach will be adopted, as we will study the provisions of the management of minors’ properties in general and the exploitation acts in particular that are mentioned in Iraqi laws, whether it is the Minors’ Care Law, the Civil Code, or the Continental Registration Law, and then compare them with Egyptian and French legislation, to investigate the similarities and differences and to indicate the strengths and weaknesses. We are keen to review and evaluate the texts objectively and impartially, without bias or prejudice.
Keywords
Minor; Emancipated Minor; Administrative Acts; Dispositive Acts; Exploitative Acts

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