Journal of college of Law for Legal and Political Sciences

Abstract

Consider legislation for a minor into attention and likely be worth at outweigh the other party in any legal relationship will be a minor one of its edges , and so was the attitude of the Iraqi legislature , which passed a special law means the affairs of minors, social, cultural and financial is the law of the care of minors No. 78 of 1980, which ruled that no more than a decade Rent property owned by the minor for years in real estate and three years for agricultural land that does not extend the contract beyond the reach of the minor age of majority in all cases , and at the same time consider legislation to tenant residential property into attention and likely fetch on the tip landlord as the weaker party in the contractual relationship will be resolved the will of the legislature replaced the will of the owner of the property in relation to the subject of the legal extension of the lease , which took its Iraqi legislator in law rent property No. 87 in 1979 and was the extension for a period of absolute non-specific , and is specified under amendment No. 56 of 2000, twelve years from the date of the contract
So it was that erupted in mind wonder about the judgment the existence of Msalehtin both require protection in the contractual relationship itself and get this case if the property hack owned by a minor does overcome the verdicts came out Welfare Act minors do not include the lease extension legal or predominantly legal provision which was brought by the Law of Rent property?
It also is linked to the subject of the other hand, the situation relating to the rental property is common that a minor share common as it was fighting it also among the provisions for managing money is common organization in civil law and those brought by the Law for the Welfare of Minors The provisions of the Civil Code gives the partner who owns the bulk of the quota right to rent the property for a period not exceeding three years, Will enters contract lease this in the scope of work of the administration, which shall be binding on the minority that violates or is it collides with what he brought Welfare Act minors spoke of this hypothesis in the case of rent property is common and that the minor share common where less than or equal to the share Is the partner 's right to enter into a contract partner of rent this property for a period exceeding those specified in the law take care of minors ? The answer to this question and its predecessors have been a topic that we tried to highlight it in this research through a stand at the legal regulation of the subject and the attitude of eliminating it.