حَق التقاضي عن القاصر في الدعوى المَدنية (دِراسة مُقارنة)

The Right to Litigate a Minor in Civil Proceedings (Comparative Study (

Civil laws have paid special attention and great attention to minors in terms of their upbringing, protection and welfare so that they become active members of society. To cover cases of lack of capacity and lack thereof, the procedural system of the Public Prosecutor’s Office occupies a high place in legal life; Being concerned with groups which do not have the right to express their will and to initiate litigation proceedings themselves. A minor and his or her judgement do not initiate proceedings themselves; They must therefore be represented before the courts, as referred to in the Code of Civil Procedure. The protection required here is procedural protection. At the level of legislation, only some of the scattered provisions of the Code of Pleadings and other procedural laws are regulated by separate provisions governing matters relating to a minor and how to defend him before the courts. In order to try to adapt those texts into minors’ claims, we have had difficulty doing so; On the one hand, the legislature omits to mention certain provisions relating to the category of minors, which in no way can the general rules be enforced, and on the other hand, the apparent lack and inaccuracy of general rules in procedural laws and the urgent need to amend them to make them more appropriate to the present case and reality.
In the researcher’s view, legal provisions relating to the litigation of minors in civil proceedings should be devoted to the body of the Law on the Welfare of Minors; To lift the embarrassment and reduce the burden on judges in cases involving minors; Due to his competencies; Therefore, the provisions not in force in the applicable Public Prosecution Act and the proposed legislation must be activated in order to provide adequate protection for the minor’s interests within a harmonious and unified legal system.
The importance of this topic will be examined in accordance with the methodology of the comparative legal study between Iraqi law and both Egyptian and French laws in a three-chapter research plan: In chapter I, we speak of the concept of the right to litigate a minor in searchers, and chapter II is devoted to litigation on behalf of a minor in civil proceedings within searchers, while chapter III will be dedicated to the provisions of litigation for a minor in civil proceedings and also in researchers.