Annulment Rules of a minor’s contract "A comparative study in light of the Iraqi and Egyptian civil laws"

Doi:https://doi.org/10.37940/JRLS.2021.2.1.1

Abstract

The contracts concluded by a person who is ineligible are considered legally complex contracts. The problem arises with regard to that if it should be decided to revoke or nullify a contract of minor, since it is only required to return the benefit that minor has obtained as a result of that contract. The benefit here refers what the minor acquired as actual benefit, whereas this is not the case if he has spent it on his desires and pleasures or has donated it to another person. The problem arises when a minor is misleading or negligent in the delusion of others and making them mistakenly believe that they are dealing with a fully competent person, which leads to imbalance between the interests of the opposing parties. So, this study tried as much as possible to re-achieve a balance between the minor’s interests and the interests of the other contractor in good faith, and not to allow the minor to take the privilege granted by the Iraqi legislator. In order to accomplish this, we dealt with the subject according to a research plan that included all its aspects, and concluded the study with a conclusion in which we explained the most important results that we reached and the recommendations to the Iraqi legislator.