Ruling on the legal actions of the discerning young child outside the scope of his capacity in Yemeni law

Abstract

The research includes an analytical study of the Yemeni law texts related to the eligibility of the discerning young child to conclude legal actions with a financial impact, with the aim of reaching a statement of the legal rule for the actions that the discerning young child undertakes without being incompetent to undertake them, and identifying the problems surrounding the legal texts and developing proposals to address them.

Where the study begins with a statement of the concept of the distinguished young child whose legal actions concern us in the research, as well as a statement of the extent of his legal capacity to conclude legal acts in order to determine the behaviors that are outside the scope of his capacity, as the study dealt with the stages that the young child goes through from his birth to the age of adulthood, and the stage showed In which the young child is distinguished, incomplete discrimination, and it is the stage of the distinguished young child whose beginning and end are determined by the law according to age.

The study has shown that a young child at this stage is lacking in competence, as he is permitted to conclude actions that are beneficial to him purely without those harmful to him purely or the circuit between benefit and harm and an exception from the last category is what was authorized for him by the legal representative.

And after knowing the behaviors that the discerning young child is not qualified to undertake is the study. The study has moved to its main topic, which is the statement of the legal rule for these behaviors, which differs according to the type of behavior, whether it is harmful, purely harmful or circular between benefit and harm, and the study first dealt with behaviors that do not disagreement in legislation and jurisprudence regarding its ruling, which is harmful behavior purely harmful, so the study showed its ruling and the basis on which it is based and its impact.

Then moving on to study the different behaviors over its ruling, which are the behaviors between benefit and harm, where the study dealt with the two prevailing views in jurisprudence and legislation in this regard and the consequences of each of them, then stand on the problem that occurred in Yemeni law regarding the ruling on these behaviors and clarify Its causes and proposed solutions to address it.