د. خليل ابراهيم محمد تنازع الاختصاص القضائي الدولي في اجراءات حماية القاصرين )دراسة تحليلية مقارنة(

Abstract

A minor is any person whose legal capacity is incomplete, either due to not having reached the legal age of majority, due to an impediment to legal capacity, or for any other reason. Minors are considered an important segment of society and require special care, as they are incapable of managing their affairs independently, often due to a lack of understanding and their inability to perform tasks. Therefore, it is necessary to protect them in matters involving foreign elements, especially when determining the court with international jurisdiction to adjudicate disputes in which they are a party.

Most countries tend to choose domicile or habitual residence as the basis for determining the international jurisdiction of their courts in proceedings related to the protection of minors, as this provides them with protection and spares them the burden of traveling to foreign courts, which would require additional effort, time, and expenses.