A COMPARATIVE STUDY OF COMMERCIAL CAPACITY IN THE LEGAL SYSTEMS OF AFGHANISTAN AND EGYPT

Аннотация

Legal capacity, defined as an individual’s competence to acquire rights and bear obligations, is recognized as a fundamental principle in all legal systems. This study conducts a comparative analysis of commercial capacity within the legal frameworks of Afghanistan and Egypt. The central question of the research is whether the rules governing capacity in commercial matters are similar to those applied in civil affairs, or whether there are fundamental differences between the two domains. The aim of this study is to analyze and compare the concept of commercial capacity in the two legal systems and to examine whether legally incapacitated individuals are permitted to engage in commercial activities. The research adopts a descriptive-analytical method and is based on legal sources from both countries. The findings reveal that although the foundational principles of capacity are similar in both legal systems, there are notable differences in how these principles are applied. In particular, individuals under legal incapacity are not allowed to independently engage in commercial activities, even with the permission of a guardian or curator. Moreover, guardians or curators are also prohibited from conducting commercial activities on behalf of those under their care. This study is significant because a comparative examination of these laws can enhance the understanding and application of capacity rules in commercial matters in both countries. Keywords: Civil capacity, commercial capacity, legally incapacitated persons, guardian, curator, Afghan law, Egyptian law, principle of freedom of commercial activity.