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The Applicable Law Upon Minor
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Journal Article
The Applicable Law Upon Minor
2024
Overview
Purpose: This study focuses on the applicable law concerning minors, specifically individuals who have not yet reached the legal age as defined by the laws of their respective countries. Methodology: the author utilized the comparative method to analyze the Jordanian law in relation to other legal systems, such as Egyptian law and others. He employed the deductive method, drawing evidence from legal texts and international treaties. Research Findings: The research uncovered significant insights, highlighting how variations in the sources of personal status across countries, such as marriage and guardianship, have resulted in the regulation of minors under personal status laws. In Arab and Islamic nations, Islamic sharia law as the predominant basis for personal status. Consequently, it is deemed inappropriate for minors to be governed by a law that does not align with their own personal status law, which is characterized by religious principle. Research Implication: one of the key challenges for foreign minors is determining the applicable law. The law that governs minors is their personal law, which is the law of the state they belong to based on the principle of nationality. This approach is adopted by Jordanian and Egyptian laws, known by its stability and resistance to easy change. It also takes into account various factors such as economic, social and political interests. Originality/ Value: this study offers solutions for applicable law upon minor, some ideas and theories were discussed that dealt with solutions regarding minor and the law that must be applied on them, in addition, this study explains how the modern states treats with applicable law upon minor.
Publisher
Centro Universitário da FEI, Revista RGSA
Subject
