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Articles 181 - 210 of 363
Full-Text Articles in Law and Economics
Reform And Codification Of Labor Law: Mission Of A Code, Ahmed El Aouani
Reform And Codification Of Labor Law: Mission Of A Code, Ahmed El Aouani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article addresses the urgent need for labor law reform and codification in Morocco. The author notes that despite major transformations in the employment market—including privatization and economic liberalization—labor legislation remains largely unchanged since the first three years of independence. The current legal framework reflects a bygone era of state monopoly over unions and the state's role as the primary employer. The author argues that codification is not merely about compiling scattered texts but fundamentally requires a comprehensive reform aligned with contemporary professional relations. The article questions the logic of privatizing vital economic sectors without simultaneously reforming the legal framework …
The Legal Aspects Of The Permanent Link Project Between Africa And Europe Via The Strait Of Gibraltar, Souni El Jilali
The Legal Aspects Of The Permanent Link Project Between Africa And Europe Via The Strait Of Gibraltar, Souni El Jilali
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This master's thesis examines the legal dimensions of the proposed permanent fixed link between Africa and Europe across the Strait of Gibraltar. The project was initiated following the 1979 visit of Spanish King Juan Carlos I to Morocco, driven by the shared vision of King Hassan II and King Juan Carlos to strengthen Moroccan-Spanish relations. A general agreement on scientific and technical cooperation was signed between the two countries in November 1979. The study explores the legal frameworks, bilateral treaties, and international law implications surrounding this ambitious infrastructure project. The thesis was defended on November 2, 1987, at the Faculty …
Judgment And Commentary, Azzeddine Bensetti
Judgment And Commentary, Azzeddine Bensetti
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This legal commentary analyzes two decisions by the Moroccan Supreme Court concerning commercial goodwill and registration requirements. The first decision (No. 653, December 5, 1979) establishes that a person regularly registered in the commercial register is presumed to be the apparent owner of commercial goodwill. It further rules that potential creditors of the seller of commercial goodwill cannot challenge a sale against third parties unless they contest it within the statutory time limits set forth in Article 4 of the Dahir of December 31, 1914. The second decision (No. 403, February 20, 1985) complements and reinforces the first ruling. The …
The Seals Of Notaries And Their Evidentiary Value In Moroccan Law, Mohamed El Kachbour
The Seals Of Notaries And Their Evidentiary Value In Moroccan Law, Mohamed El Kachbour
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This master's thesis, defended in July 1988 at the Faculty of Law in Casablanca, examines the legal evidentiary value of notarial seals in Moroccan legislation. The research addresses a topic that had received little attention in Moroccan legal scholarship, beyond a few scattered articles. The study explores the probative force of notarial instruments, their authenticity, and their role in civil procedure and evidence law. The thesis was awarded a grade of 16/20 and recommended for publication by the examining committee. The work remains a significant contribution to Moroccan legal doctrine on notarial evidence and judicial proof.
Toward Mitigating The Effects Of War On The Environment, Mahjoub El Haiba
Toward Mitigating The Effects Of War On The Environment, Mahjoub El Haiba
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
War consistently devastates natural and human resources, causing death, destruction, and severe environmental damage. The environmental impact has intensified with the development of advanced weapons, technologies, and methods of armed conflict. These effects are often direct and immediate, but can also be delayed or long-lasting, sometimes deliberately targeting ecological systems as a war objective. The danger escalates when technologies enable artificial modification of ecosystems, such as creating artificial clouds or torrential rains. This text is based on a conference presentation given in Casablanca in 1986, during the International Year of Peace, emphasizing the urgent need to address war’s ecological consequences.
The Difficulties Of Property Development, A. Amrani
The Difficulties Of Property Development, A. Amrani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This paper presents the difficulties encountered by the Compagnie Générale Immobilière (CGI) in the real estate sector. These challenges risk seriously compromising its mission to facilitate home ownership for low and middle-income groups. The nature and complexity of factors involved in property development are diverse: technical, land-related, financial, legislative, regulatory, and socio-economic. Housing prices are rising sharply and continuously while purchasing power evolves very slowly or stagnates. Housing affordability is increasingly out of reach for low and middle-income categories. This price increase is explained partly by the evolution of housing price components and partly by the requirements of local authorities …
Synthesis Report, Mohamed Naciri
Synthesis Report, Mohamed Naciri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The author, a geographer, reflects on the dense two-day debate on the land system and its implications for planning and urbanism. Despite fearing he may not fully capture the richness of contributions—particularly from a legal perspective requiring precision—he notes a striking unanimity among all twenty-six speakers: the land system is fundamentally unsuited to Morocco's accelerating urbanization. This consensus reveals an inadequacy that has all the characteristics of a crisis—not merely of the legal system, but of the entire land system. While disagreement among scholars is traditionally seen as a blessing, this unanimity provokes less gratifying feelings. The finding is deeply …
The Effects Of Residential Lease Legislation And Its Judicial Practice On Investments In Rental Housing, O. Mounir
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The investor in rental housing seeks to generate returns on invested capital through rent while safeguarding the building as property. This investor fears for capital transformed into real estate assets placed in a tenant's hands, placing hopes in lease legislation to guarantee these assets and in courts to protect them whenever threatened. Thus emerges a purely economic relationship between lease legislation and its jurisprudence on one hand, and investment in rental housing on the other. This relationship can be either favorable or unfavorable to investment depending on legal guarantees and judicial practice. Good lease legislation combined with effective judicial practice …
The Role Of The Cdg Group In Property Development, Moha Ben Satti
The Role Of The Cdg Group In Property Development, Moha Ben Satti
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Since its creation in 1959, the CDG (Caisse de Dépôt et de Gestion) has continuously strengthened its intervention in the highly social real estate sector to contribute toward placing a significant number of decent housing units at reasonable prices on the market. This choice is justified by the nature of the Caisse's resources, primarily constituted from CNSS affiliate contributions and popular savings collected by CEN. After focusing its first fifteen years on establishing appropriate intervention instruments through generalized housing promotion, the CDG adopted a new orientation from 1975 onward, particularly from the 1980s, marked by massive housing programs for low-income …
Note On The Financing Of Housing Credit, M.L. Ben Otmane
Note On The Financing Of Housing Credit, M.L. Ben Otmane
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The causes of the housing crisis are numerous and interconnected: inadequate supply relative to demand, production system imbalances, growing urban populations, structural economic organization factors, and the shift from housing as use-value to housing as exhaustive commodity. Urban centers already concentrate nearly 45% of the population with a growth rate of 4.4%, while rural areas register only 0.1% (corrected from text: 4.1% likely a typo; logic suggests lower). Housing in Morocco is extremely expensive. Vertiginous increases in land costs for both individual and collective housing combine with unjustified rises in construction material prices. These increases are automatically passed on to …
Taxation And Property Development In Morocco, R. Lazrak
Taxation And Property Development In Morocco, R. Lazrak
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Taxation reflects a country's socio-economic and political realities, but appropriately designed tax laws can also act upon these realities. Depending on its assigned qualitative and quantitative role, taxation can contribute to growth or recession in a sector of the national economy. Until the 1978 Finance Law, the real estate sector was primarily subject to a static tax—the urban tax—with mainly financial objectives. The 1978 Finance Law established a genuine real estate tax system through profound reform of the urban tax and creation of two new taxes: a tax on real estate capital gains and a tax on urban land (including …
Land Ownership And Land Market In Cities With Low Demographic Growth: The Example Of Asilah, A. Lehzam
Land Ownership And Land Market In Cities With Low Demographic Growth: The Example Of Asilah, A. Lehzam
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
When discussing land speculation, rising land values, and their effect on housing costs and urban space organization, reference is typically made to large cities. The question arises whether existing discourse on large cities is reproducible in the analysis of land in small urban centers, or whether these small centers present particularities based on their regional location, history, and present or future economic potential. Theoretically, rising land values and the extent of real estate speculation depend on city size and population growth rate. Reliance on population parameters has become so evident that it obscures other equally important factors in shaping urban …
Land System And Clandestine Housing: The Case Of Tabriquet Nord In Salé, A Abouhani
Land System And Clandestine Housing: The Case Of Tabriquet Nord In Salé, A Abouhani
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.
Land System And Coastal Ecosystems: Between Land And Sea, The Tossed Littoral, Mohamed Ali Mekouar
Land System And Coastal Ecosystems: Between Land And Sea, The Tossed Littoral, Mohamed Ali Mekouar
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The concern for preserving environmental quality, a growing preoccupation worldwide, includes a distinctly spatial dimension among its multiple facets. Maintaining ecological balances depends largely on various modes of space occupation and their adequacy to specific environmental conditions. Neither the legal regime of land control, nor urban policy or property development, nor housing design or architectural style, are indifferent to the harmonious or chaotic shaping of the urban and rural environment where populations establish their living framework. The question of space management from an environmental protection perspective is therefore of considerable importance. The relationship between land status and environmental protection has …
Urban Planning And Land Development, Mouloud Belayachi
Urban Planning And Land Development, Mouloud Belayachi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Morocco, like other developing countries, continues to experience significant demographic growth with an average annual increase of 2.6% between 1971 and 1982. Urban growth is even stronger at 4.4% annually due to continuous migration. The urbanization rate rose from 29% in 1960 to 43% in 1982, representing 8.7 million urban inhabitants compared to 11.7 million rural inhabitants. The high growth rate of urban population between 1971 and 1982 will lead to a population volume two to three times current levels by the year 2000, despite accounting for progressive decreases in migration and natural growth rates. To satisfy the needs of …
Urban Evolution And Legal Stability: Immovable Property Law Put To The Test By Urbanization, Hervé Parcheminal
Urban Evolution And Legal Stability: Immovable Property Law Put To The Test By Urbanization, Hervé Parcheminal
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The Moroccan landscape is rapidly transforming under the repeated assaults of galloping urbanization. This phenomenon, accelerated by socio-economic changes, has reached spectacular proportions as illustrated by the new faces of the Kingdom's major cities. Urban planners and architects are renewing and often disrupting the configuration of urban sites. Cities now extend both in surface area, gradually absorbing agricultural land, and in height, raising buildings ever higher. Faced with these transformations, the legal landscape is also evolving. Immovable property rights are shaken by an Administration that finds in urban planning and construction regulations indispensable instruments for a coherent urban policy. Territorial …
The Urban Planner And Legal Constraints Arising From The Land System, M'Hamed Motik
The Urban Planner And Legal Constraints Arising From The Land System, M'Hamed Motik
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Industrialization, demographic explosion, rural exodus, and changing lifestyles have resulted in intense urbanization of Moroccan cities and centers. This phenomenon has produced a housing crisis fueling rampant land speculation, driving up property prices for sale and rental, while also generating insalubrious neighborhoods surrounding major agglomerations. The urban planner faces inextricable problems, forced to fight on multiple fronts to provide humans with a living environment adapted to their nature. Urban planning aims to understand the urban phenomenon as a whole, remedy its ills, and rationally activate its future. The fundamental question is whether Morocco's land system allows the urban planner to …
Powers Of The National Land Agency In Land, Urban Planning, And Development Matters, Mohamed Adnane
Powers Of The National Land Agency In Land, Urban Planning, And Development Matters, Mohamed Adnane
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The National Land Agency's powers are defined by Prime Ministerial Circular No. 338/C of August 26, 1982. Its responsibilities include collecting, preserving, and disseminating information on unbuilt land belonging to the State (public and private domains), public habous, Guich lands, and local and ethnic communities located within urban perimeters and peripheral zones. The Agency also establishes orientation plans for municipalities, autonomous centers, delimited centers, and their peripheral zones in collaboration with the Ministry of the Interior through a preparatory commission chaired by the Agency. Additionally, it participates in various interministerial commissions on urban, industrial, tourism, and land development, and collaborates …
Legal Infringements On Immovable Property In The Moroccan Penal Code, François Paul Blanc
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
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
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
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
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
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
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
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
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
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
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
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.