النظام القانوني لحماية أموال القاصر : دراسة مقارنة

Abstract

Abstract : The study addressed the issue of protecting minors' funds in Bahraini legislation, while conducting a comparison with comparative legislation in Egypt, Iraq, Algeria, and France. The study aimed to evaluate the effectiveness of the current legal system in protecting minors' funds, and to identify legal loopholes that may lead to their exploitation, which requires the development of mechanisms. Supervisory and legislative measures guarantee the interests of this vulnerable group. The research adopted the comparative analytical approach The legal texts related to the law on guardianship over property issued in 1986 in Bahrain were analyzed, in addition to an investigation of the comparative provisions and legislation that regulate the actions of minors in different countries. The research begins by clarifying the concept of the minor, distinguishing the minor from the undistinguished and the distinguished minor, and clarifying the provisions for disposing of his money according to age and legal ability .It also reviewed the history of regulating the affairs of minors in Bahrain, starting from ancient times and passing through the judicial and administrative developments that led to the issuance of the guardianship system over money. The research focused on the role of the competent authorities, especially the Sharia courts and the Council of Guardianship of Money, in organizing and managing the funds of minors, while shedding light on the mechanisms for monitoring and supervising the actions of the representative on behalf of the minor.The research carefully reviewed the powers granted to the representative and the legal restrictions imposed on him with the aim of preventing abuses. Ensuring the protection of funds from any exploitation may harm the interest of the minor. The study presented a set of proposals to develop the legal system and enhance the protection of minors' funds. It called for developing the minor's funds through investment projects for his benefit and development by adopting a legal system for investing minors' funds while setting appropriate restrictions and formulas. In this context, the researcher proposed integrating authority. Individual and institutional supervision in investing minors' funds while granting the guardian and guardian the right to invest according to clear standards Their decisions are subject to oversight by specialized committees or Islamic banks. It is also recommended to qualify governors and guardians to ensure efficient management of funds in a way that achieves financial sustainability. It also recommended strengthening the role of oversight over the representatives while they assume the mandate by codifying the standards of interest and necessity as a condition for granting permissions to requests submitted regarding actions and dispositions of minors' funds, in addition to the necessity of unifying the legal treatment between the guardian and the guardian in terms of obligations during the term of the mandate, which contributes to the application of the maximum means of protection. And achieving legislative and administrative integration.