The personal scope of the mother's responsibility and ways to get rid of it

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Dr. Saddam Badn Rahima Al-Saadi


The guardian, represented by the father or grandfather, is responsible for the care of the young child and for his actions and behavior, and therefore they are civilly responsible for every harmful act committed by the youngster. to the appointment of a guardian and the imposition that the mother takes precedence over others, and what is meant here is responsibility; The person to whom the authority of care and supervision has been transferred may be held accountable for compensation when the person under the care commits a harmful act that causes harm to others. As Article (102) of the Iraqi Civil Code No. 40 of 1951 states: “The guardian of the young child is his father, then his father’s guardian, then his true grandfather, then the guardian of the grandfather, then the court or the guardian appointed by the court,” as it becomes clear from this article that the term (guardian) In this article, it is related to the guardians of the young’s money from a natural guardian and a guardian, as Article (34) of the Minors’ Care Law No. 78 of 1980 states that “the guardian is the one whom the father chooses to take care of the affairs of his young son or the fetus, and then whom the court appoints that the mother takes precedence over others. According to the interest of the little one.

Guardianship in the case of the mother is like the father. She has supervision and care over the young, in the event of the father’s absence or an impediment to him, the mother replaces him not in the position of guardianship, but rather as a judicial agency in carrying out matters related to the care of the children. He was entrusted with custody of the children and she is the mother; Thus, according to these two articles above, the mother is legally obligated by virtue of her guardianship to supervise and care for their children as long as she is alive and the guardianship has been assigned to her, and therefore she is responsible for every harmful act committed by their minor children.

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