Al-Noor Journal for Legal Studies
The Official Journal for College of Law and Political Science, Alnoor University

"Conflict of Interest between the Creditors' Committee and the Minor Trader: A Comparative Analytical Study According to Bankruptcy Laws."

https://doi.org/10.69513/jnfls.v2.i1.ar4
Volume 2, Issue 1
Winter 2025
Pages 104-176
Al-Noor Journal for Legal Studies

Document Type : Original Article

Author

Dr. Nawaf Ali Al-Taie

College of Law\ University of Ninevah

Abstract
The practice of commercial business is not limited to those with full legal capacity; it extends to include other categories, such as minors authorized by a court or those who inherit a commercial project or company, thereby placing them in the position of a de facto merchant. Given that commercial activities are subject to profit and loss, this could result in a minor ceasing to pay their debts, placing them in a state of bankruptcy. Conversely, this situation legally establishes a group of creditors against the minor, leading to a conflict between the financial rights of both parties: the creditors, who are owed debts, and the minor, whose financial capacity is limited. The minor's invested assets in the trade may not suffice to settle these debts. Accordingly, this situation presents a problem of conflicting interests between the two parties.
 

Keywords

Conflict of Interests
merchant
minor
Bankruptcy
Group of Creditors
Bankruptcy Proceedings
Judicial Precedent
https://scholar.google.com/scholar?q=%2210.69513/jnfls.v2.i1.ar4%22
  • Receive Date 09 January 2025
  • Revise Date 08 May 2025
  • Accept Date 30 April 2025
  • Publish Date 01 March 2025

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