The College of Law at the University of Al-Qadisiyah recently held a master’s thesis defense titled:
“The Legal Framework Governing the Disposal and Management of a Minor’s Property – A Comparative Study,”
presented by postgraduate student Hussein Mehli Khudair.
The research focused on analyzing the stringent legal constraints imposed by Iraqi legislation—particularly under the Law on the Care of Minors—on the authority of a legal guardian to dispose of and manage a minor’s real estate. The study examined how these restrictions affect the efficiency and flexibility of transactions involving minors’ properties and addressed key legal gaps where the legislation does not clearly define or limit the powers granted to guardians.
The thesis concluded that overly restrictive regulations, coupled with a lack of clarity in some areas, have led to stagnation in real estate dealings involving minors. This is largely due to the reluctance of guardians and third parties to engage in transactions under such rigid conditions, ultimately undermining the interests of the minor and the broader public. Conversely, the absence of appropriate legal constraints in certain matters may create opportunities for misuse of authority.
Based on its findings, the study recommended the following:
• Granting guardians broader legal powers to act in the best interest of the minor,
• Expanding the scope of situations in which the forced sale of a minor’s property is permitted,
• Allowing investment-oriented property sales, provided there is evidence of economic benefit,
• Establishing a maximum time limit for the administrative actions undertaken by guardians.
The defense was conducted before a distinguished examination committee composed of:
• Prof. Dr. Jamal Abd Kazem Haj Yaseen – Chair
• Asst. Prof. Dr. Hussein Ubaid Shawwat – Member
• Asst. Prof. Dr. Alaa Abd Al-Amir Musa – Member
• Prof. Dr. Abd Al-Mahdi Kazem Nasser – Member and Supervisor
The College of Law commends the researcher for addressing such a significant and sensitive area of personal status law and congratulates him on the successful completion of his thesis.
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