The legal system for protecting a minor’s money in Iraqi law

Authors

  • Adil Ajeel Ashour College of Law, Al-Muthanna University
  • Walaa Adil Ajeel College of Law, Al-Muthanna University

DOI:

https://doi.org/10.66026/ax5g0321

Keywords:

Protection, money, minor, guardianship, power of attorney.

Abstract

Protecting the money of minors is one of the priorities in all legal rights, since this category is qualified to protect their rights, so the legislator gave it great and distinct importance after its laws, Iraqi Civil Law No. 40 of 1951, As well as the Care of Minors Law No. 78 of 1980, the Civil Procedure Law No. 83 of 1969, and other supporting laws, but what applies is the Care of Minors Law No. 45 of 1980, as it is a special law that restricts the general unless there is a text in it, then the text in other laws applies, but These laws, although the legislator seeks to provide adequate protection for the funds of minors, are sometimes incapable of protection, as there is a shortage. Legislative or sometimes legislative shortcomings Or the bad faith of the person who took on the defense of the minor, or ignorance of the laws, or conflict of interest, or failure to review the department concerned with minors, or disposing of funds outside the real estate registration department, or failure to reach the Department for the Care of Minors, whether the death occurred and the assets of the deceased who left minors were accounted for, or difficulty. Knowledge of the funds by the Minors’ Welfare Department may depend on trust in dealing with what is expressed by the deceased’s family or heirs and may be incorrect due to a conflict of interest. And disrupting some procedures, such as releasing the estate of the deceased.

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Published

2025-11-17