Law Commons^™

Legal Infringements On Immovable Property In The Moroccan Penal Code, François Paul Blanc

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The 1962 Moroccan Penal Code establishes various norms to protect immovable property. The majority of provisions, derived from French criminal law, focus on the material protection of real estate. However, the legal protection of immovable property follows specific norms unique to Moroccan criminal law. Article 606, paragraph 1, creates the offense of "breaking enclosures and removing boundary markers" — an offense no longer existing in French law. Article 570, derived from Maliki law, presents even greater originality. The former penalizes acts such as filling ditches, destroying fences, cutting hedges, and displacing or removing boundary markers. These provisions reflect the integration …

Registration Of Agreements Relating To Sales Of Buildings To Be Constructed, Khalid Lyazidi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Sales of buildings to be constructed are increasingly common transactions offering advantages to all parties and serving the general interest. For developers, such transactions increase financial resources and generate substantial profits. Buyers can invest savings early and acquire housing upon completion. These sales stimulate savings and contribute to real estate development. However, legal problems persist due to the nature of these agreements, affecting buyer protection mechanisms. The main issue concerns the legal nature of these conventions: parties often fail to appreciate the scope of their rights and obligations. A brief examination shows that despite being labeled as a "compromise sale" …

The Commercial Nature Of Land Speculation And Its Impact On The Investment Of Commercial Assets, Ahmed Choukri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

In ancient times, real estate trade was insignificant: land was abundant, populations small, ambitions modest, and cities were inherited like household goods. Today, the world has changed dramatically. Populations have grown from millions to billions, borders are enforced by navies and aircraft, and everything has become subject to consumption, investment, and auction. Land has become the "milking cow" while movable property is the "gentle lamb." Domestic real estate trade has expanded, and real estate has overtaken movable property. To understand the legal and factual situation of real estate trade, the author divides the topic into two sections: the position of …

The Real Estate Question In The Urban Environment Of Morocco, Asaad Abdemajid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The land question in urban areas has come to occupy an important place in the human environment due to its impact on individual behavior. As a result of high demographic growth, intense rural migration, and consequent multiplied urban growth, the land question now arises in its holistic human dimension. It is not limited to the legal land system and its relationship with the individual or family occupying it, but extends to the broader framework of city dwellers' lives in their social and psychological reality. The urban land question involves multiple variables requiring the combined efforts of legal experts, economists, financiers, …

On The New Real Estate Investment Law, Mohamed Chaabi El Madkouri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Morocco is experiencing significant urban development as all urban and rural centers face continuous expansion due to massive demographic growth, leading to increased housing needs. Official statistics indicate that Morocco will need 3 million new housing units by the year 2000, requiring the construction of 200,000 units annually. Urbanization, demographic shifts, and intensive migration to cities have created chaos in urban planning, fueled land speculation, and led to the spread of clandestine construction and shantytowns. The state makes continuous efforts to meet housing needs by acquiring serviced land through the National Fund for Land Acquisition and Development, financed by citizen …

Obstacles Posed By Real Estate To Urban Development And Attempts To Overcome Them, Mohamed El Wakari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The land question has become central to any development project, whether rural or urban, due to its legal, economic, and socio-political dimensions. In urban areas, land serves as the locus of development but faces multiple obstacles. Demographic growth, rural exodus, housing needs, land availability for construction, and rampant speculation have created an imbalance in land supply and demand. This situation has exacerbated related problems such as clandestine buildings, shantytowns, lack of sanitation and basic infrastructure, leading to chaotic urbanization. Consequently, public authorities must intervene to curb the uncontrolled growth of cities and establish rational land management.

Urban Planning Documents: Between Theory And Practice, Abderrahmane Bakrioui

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This contribution explores the dialectical relationship between land policy and the success or failure of urban planning (aménagement). Urban planning can fail to achieve organized, rational urban development for several reasons. These include the misalignment or inadequacy of legal rules in framing social phenomena and keeping pace with socio-economic change, as well as a lack of material and human resources available to administrative bodies responsible for implementing planning policies since the 1976 communal reform. Urban planning and city design documents are numerous and diverse. Some are governed by legal rules whose effectiveness is now questionable, while others remain experimental and …

Expropriation For Public Utility Purposes Under The Provisions Of The New Law, Mohamed El Kechir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Public authorities need real estate to manage public utilities. While the state's properties are subject to a special legal regime, the administration typically acquires land through ordinary methods, acting as a private individual under private law rules. However, when such ordinary acquisition proves impossible, the legislator allows the state to resort to expropriation for public utility purposes to avoid paralysis of state activities. The Moroccan Parliament has approved a new law on expropriation for public utility, which updates and governs this exceptional power. This text introduces the legal framework balancing public infrastructure needs with private property rights.

On The Third Paragraph Of Article 10 Of The Dahir Of November 16, 1946, Relating To Ownership Of Apartments, Abdelkader Azkri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the legal ambiguity in Article 10 of the 1946 Dahir on apartment ownership. It questions whether the union manager's duty to preserve, maintain, clean, and repair common areas creates an overlap between the general assembly's decision-making authority and the manager's executive functions. While the assembly typically manages both routine and non-routine matters, the author argues that in exceptional cases, the manager may exercise both decision-making and executive powers under the initiative authority granted by the third paragraph of Article 10. This dual role raises two specific legal problems regarding the proper allocation of responsibilities.

Space And Protection Of Property Rights: A Comparison Between The Ordinary And Registered Land Systems, Al Montassir El Daoudi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article highlights the critical relationship between Moroccans and their land, where attachment can sometimes lead to extreme behaviors, complicating real estate transactions. The author refers to previous key symposia, including a 1978 Ministry of Justice conference on land problems and the 1983 National Days on Land Registration organized by the Land Conservation Directorate. These meetings aimed to unify judicial precedents, accelerate dispute resolution, and simplify registration procedures to encourage citizens to register their properties. The discussion contrasts the ordinary land system with the registered (conservative) system, emphasizing the need to protect property rights while addressing practical and legal obstacles …

Contracting In The Real Estate Field, Mohamed Kheiri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines why real estate contracting was chosen as a key topic, as it concerns all current and future participants in the property sector, involving both registered and unregistered lands. The author argues that this subject lies at the heart of problems faced by judges, public authorities, and citizens. While most global property systems require notarized formal contracts to ensure legal compliance and prevent disputes, the Moroccan legislator has departed from this principle. Moroccan law grants contracting parties the freedom to choose any form—official or informal—despite the substantial legal differences between them. This flexibility raises concerns about legal security …

Issues Arising From Land Registration And Their Impact On Real Estate Development And Urban Planning, Rachid El Iraki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

While land registration under the Moroccan system (established August 12, 1913) enhances property security and stabilizes ownership rights, it suffers from significant flaws. These include rigid deadlines, fragmented procedures, excessive authority granted to the registrar, and the absolute weight of registered entries. Notably, the system rejects acquisitive prescription (adverse possession) for registered lands and creates confusion over the concept of “possession” (ḥawz), particularly under Islamic legal principles concerning donations. These formal and substantive defects hinder real estate revitalization and urban development, demanding urgent reform to balance legal certainty with practical flexibility.

Introductory Report On Land Regime, Urban Planning, And Property Development, Mohamed Drissi Alami

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The intersection of land tenure, urban planning, and property development demands critical examination due to their common denominator: real estate. Properties must undergo essential transformations to comply with global development planning, urban organization, and social policies aimed at resolving the housing crisis. Land and buildings cannot continue to obey a status similar to movable or intangible assets. Abstract legal reasoning fails to address the integration of legal, political, economic, social, and cultural factors. Property law requires revision accounting for urban planning necessities and property development manifestations. Current legislative concerns lack conviction for fundamental reorientation. The governing concept of property remains …

Digital Bodily Autonomy: Consent Issues, Labor Displacement, And Legal Understandings Of Ai Generated Deepfake Pornography, Mariah Barrett

Undergraduate Theses, Capstones, and Recitals

In the United States, nonconsensual pornographic deepfakes are becoming an increasingly prevalent problem as AI deepfake creation software improves and becomes widely available. Despite this, patchwork legislation across the country is inconsistent and conflicting regarding this issue. In this paper, I explore the background of pornography and obscenity laws and demonstrate how these frameworks are not properly constructed to apply to the digital sphere. Then, I address major themes within deepfake literature such as consent issues, bodily autonomy, labor displacement, and verifiable identity as a commodity through the case study of OnlyFans. I explore current and proposed legislation within the …

The Disproportionate Impact Of Legal Deserts: A Policy Proposal To Address The Legal Needs Of Rural Nevadans, Madelyn Wold

Undergraduate Theses, Capstones, and Recitals

Despite the large number of attorneys in the United States, the disproportionate concentration of attorneys in urban areas leaves rural residents to navigate the complex legal system on their own. This uneven distribution creates ‘legal deserts’, or areas where residents lack access to attorneys. The Southwestern United States has especially dire legal deserts, and Nevada is no exception. While defendants in criminal matters are guaranteed legal representation, parties in civil legal issues are not granted the same right to representation. Civil legal issues largely impact vulnerable populations and can have profound impacts on individuals’ family, economic circumstances, and physical wellbeing. …

Constitutional Inferences On Emerging Technologies: Analyzing Government Overreach, The Fourth Amendment, And Democratic Process In The Age Of Artificial Intelligence, Alan To

McNair Research Journal SJSU

The rapid adoption of artificial intelligence (AI) and machine learning (ML)

technologies by federal agencies presents novel constitutional questions that

existing legal doctrine has not yet adequately addressed. This paper

examines the emerging constitutional dimensions of the 2026 conflict

between Anthropic and the Department of Defense (DOD), in which the

Pentagon demanded unrestricted use of Anthropic's AI model Claude for

domestic mass surveillance and autonomous weapons systems, ultimately

designating Anthropic a supply chain risk when the company refused.

Drawing on three salient constitutional frameworks, specifically the Fourth

Amendment doctrine established in Kyllo v. United States (2001) and

Carpenter v. United …

The Waqf (Amendment) Act 2025: Policy, Politics, And Performance, Noor Ameena

Journal of Law and Public Policy

This legislative note examines The Waqf (Amendment) Act at the intersection of religious minority rights and state control. It begins by outlining the concept of waqfs, their significance in the Muslim world, types of waqfs, and modalities of their creation. Providing a brief history of the regulation of waqfs, it highlights the close connection of these Muslim religious endowments with the history of Hindu religious endowments. It evaluates the 2025 legal developments across three key areas: (i) family waqfs, testamentary succession, and gender, (ii) ‘government property’, waqfs, and state appropriation, and (iii) waqf regulation as a potential infringement on religious …

Escaping Quarantine: Marine Hospitals, The Constitution Act, 1867 And Canada’S First Federal Health Care Program, Dan Dwyre

Dalhousie Journal of Legal Studies

Previous scholarship has argued that the enumeration of marine hospitals as a federal head of power in the Constitution Act, 1867 reflected a national concern over immigration and quarantine. This article disputes that. Using primary sources, this paper demonstrates that Canadian marine hospitals were established in port communities to provide for the general health of itinerant merchant sailors, who would otherwise be a burden on local hospitals and charitable organizations. The article concludes that marine hospitals can be viewed in retrospect as one of Canada’s first federal health care programs.

One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard

Dalhousie Journal of Legal Studies

Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …

The Weight Of Discretion: Examining Perceptions, Decision-Making, And Overrepresentation In Canada's Youth Criminal Justice System, Adrienne Graham

Dalhousie Journal of Legal Studies

The Youth Criminal Justice Act (YCJA) has changed the way that youth encounter Canada’s criminal justice system. While the reintegration and rehabilitation goals of the YCJA have decreased overall youth custody rates, Black and Indigenous youth continue to be treated differently than other youth. This paper examines the overrepresentation of Black and Indigenous youth in the criminal justice system, the impact of poverty on police oversurveillance, various policing practices, and the role of extrajudicial measures. Through discussing youth perceptions on police legitimacy alongside police perceptions of youth, this paper will demonstrate that in order to further the principles …

Law And Computing: Synthesis Report, Mohamed Ali Mekouar

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This synthesis report concludes the colloquium by summarizing the main questi...

Computing And Legal Education, Jean-François Revel

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article addresses the introduction of computing into legal education in ...

Computing And Elections, Driss Toulali

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the opportunities and risks associated with the use of ...

Computing And Social Security, Abdellah Boudahrain

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article studies the introduction of computing into the management of soc...

Computing, Law, And Banking Activity, Mohamed Larbi Ben Otmane

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article analyzes the effects of computer technology on banking activity ...

Computing And The Criminal Record System, Omar Doumou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the proposed computerization of the criminal record sys...

Computing In The Service Of The Judicial System, Saadia Belmir

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Since 1977, the Moroccan Ministry of Justice has explored using computing to ...

Culture And Computing For The Third World: A Panacea Or An Aggravation Of Dep..., Houria Alami

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Houria Alami critically examines the discourse surrounding the computer revol...

Computing And Copyright Law, Mohamed Nabil

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines why Moroccan legal professionals must engage with compute...

International Cooperation And The Introduction Of Computer Technology In Thir..., Abdelhamid Ahmady

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Professor Abdelhamid Ahmady examines how the global distribution of computer ...