The right of the minor to practice business - a comparative study -
Abstract
The commercial business has dewed one of the legal acts which require a certain type of capacity. there for the Iraqi commercial code and the other legislation had stipulated that any person who would like to practice the commercial business must has full legal capacity to do it ,because this job has been based on special characteristics which are fast implementation, confidence and credit. Hoverer if any person want to practice the commercial business he should has full legal capacity for doing this job and this is the general legal rule of the commercial law, but the law permitted as an exception for the rational legally minor to practice the commercial business on particular legal stipulations. In addition to that either the rational or non-rational minor may eventually possess a commercial project or some shares in a certain company by means of inheritance or a will, in all these above-mentioned cases the minor and his properties should be ensured by several legal guarantees, that may protect him from any risks and keep him away to be as subject of the sound legal rules of commercial law which are applicable on all businessmen, Its worth mentioning that the Iraqi law of commerce did not provide any legal rules on this subject which may provide a sufficient protection for the legally minor and his properties while he is at the beginning of his practical live.
References
- Fourth: Laws:42. Iraqi Civil Code No. 40 of 195143. The Iraqi Trade Law No. 149 of 197044. Iraqi Trade Law No. 30 of 198445. Iraqi Minors Welfare Act No. 78 of 198046. Iraqi Companies Law No. 21 of 199747. Electronic Signature and Electronic Transactions Act No. 78 of 201248. Egyptian Trade Law No. 17 of 199949. Lebanese Trade Act of 194250. Jordanian Trade Law of 196651. Kuwaiti Trade Law No. 68 of 196852. Jordanian Companies Law No. 22 of 199753. Jordanian Electronic Transactions Law No. 85 of 200254. Tunisian Electronic Transactions Act No. 83 of 2000
- Second: Letters and university papers:39. Amanj Rahim Ahmad, Consent in Electronic Contracts via the Internet, Master Thesis, Faculty of Law, University of Sulaymaniyah, 2003.40. Ali Obaid Awaid, Procedural Solutions in Civil Law, PhD Thesis, Faculty of Law, Mosul University, 2012.
- Third: Research:41. Dr. Nusseibeh Ibrahim Hamo Trade Credit Protection between Civil Insolvency and Commercial Bankruptcy, Rafidain Journal of Rights, Volume 10, No. 38, 13, 2008.