Dr. Faris Al-Ajami
Assistant Professor – Commercial Law – Department of Law – College of Business Studies – PAAET – Kuwait

Abstract:

The research aims at examining the adequacy of the legal systems in Kuwait and Egypt to care for and protect the juvenile who is authorized to trade, to shed light on those systems and address their sufficiency and shortcomings, and then to propose solutions to the deficiencies wherever they appear.
In this study, the researcher followed the analytical approach through analyzing the legal texts to understand the objective of the legislator, while relying on the comparative approach to compare the Kuwaiti and Egyptian laws to consider the similarities and differences between them in order to understand each law’s advantages and shortcomings. This study has been divided into two sections. The first section focuses on the limits and effects of permitting minors to trade. The second section focuses on bankruptcy of the minor trader.
The research has shown that although the Kuwaiti and Egyptian legislators have endeavored to provide adequate protection for the minor trader, this protection is still deficient in some respects, in addition to the need to review the existing legislation to achieve further care to the minor trader.
Accordingly, the researcher recommended that legislators in Kuwait and Egypt should intervene to comprehensively address the issue of the minor’s practice of trade to include all cases in which the practical reality has shown legislative deficiencies in order to provide them with genuine protection due to the great importance of this matter.

Keywords: protection of juveniles, the minor authorized to trade, the obligations of the juvenile trader, civil liability, bankruptcy.

Read Full PDF Text (Arabic)