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Articles 271 - 300 of 520
Full-Text Articles in Law and Economics
The Scientific Research Association For Legal Studies Of Higher Education Teachers, Abdelhalim El Mostapha Ennouri
The Scientific Research Association For Legal Studies Of Higher Education Teachers, Abdelhalim El Mostapha Ennouri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This text presents the address of the Secretary-General of the Scientific Research Association for Legal Studies of Higher Education Teachers. It introduces the association’s objectives, its role in promoting legal research in Morocco, and its contribution to cooperation among university teachers and researchers in law.
Report On United Nations Efforts To Define Aggression, Raymond Haddad
Report On United Nations Efforts To Define Aggression, Raymond Haddad
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This report presents a graduate thesis by El Hiba El Mahjoub on United Nations efforts to define aggression. It reviews the definition adopted by the General Assembly in 1974 and analyzes the legal and political controversies surrounding it, including the positions of Western and Eastern blocs and developing countries on the problem of aggression in international law.
On The Pedagogical Day, Mohamed El Kachbour
On The Pedagogical Day, Mohamed El Kachbour
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the pedagogical training of university teachers in Morocco, drawing on the experience of a pedagogical day organized at the Faculty of Law. It argues that university teaching requires both disciplinary expertise and the ability to transmit knowledge effectively, and it analyzes institutional and individual factors affecting teaching quality before proposing improvements.
The Difficulties Raised By The Definition Of The Moroccan Public Enterprise, Ahmed Bouachik
The Difficulties Raised By The Definition Of The Moroccan Public Enterprise, Ahmed Bouachik
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the conceptual and legal difficulties involved in defining the Moroccan public enterprise. It reviews the criteria used to identify public enterprises, the limits of formal definitions, and the implications of these ambiguities for public-sector governance, economic law, and state intervention.
Economic And Social History And Its Methods, Mohamed Bouzidi
Economic And Social History And Its Methods, Mohamed Bouzidi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article introduces economic and social history as a field of inquiry and discusses its methods, sources, and analytical tools. It shows how historical research can illuminate economic structures, social relations, and processes of change by combining archival work, quantitative analysis, and interdisciplinary perspectives.
Report On The Casablanca Symposium, Abdellatif Chadli
Report On The Casablanca Symposium, Abdellatif Chadli
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article reports on a symposium organized by the Faculty of Letters and Human Sciences in Casablanca. It highlights the scholarly importance of studying Casablanca’s urban, social, and economic history, with particular attention to the city’s development, foreign presence, and transformations within Moroccan society.
Distribution Of Liability For The Maritime Carriage Of Goods Under Moroccan Maritime Commercial Law, Mohamed El Idrissi El Alami
Distribution Of Liability For The Maritime Carriage Of Goods Under Moroccan Maritime Commercial Law, Mohamed El Idrissi El Alami
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This contribution reviews the state doctoral thesis of Abderrahmane Belakid on the distribution of liability for the maritime carriage of goods under Moroccan maritime commercial law. The thesis examines the evidentiary basis of liability in maritime carriage and the mechanisms through which responsibility is distributed among the parties. The review assesses the methodological and doctrinal contribution of the work to Moroccan maritime law.
Case Note: Decision No. 527 Of 15 September 1981, Social Case No. 91217, Mohamed El Kachbour
Case Note: Decision No. 527 Of 15 September 1981, Social Case No. 91217, Mohamed El Kachbour
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This case note comments on Decision No. 527 of 15 September 1981 in a social case involving maintenance, divorce, and medical expertise. It analyzes the court’s reasoning concerning sterility and its relevance to a dispute over maintenance during pregnancy, while highlighting broader issues relating to the evidentiary role of medical expertise in Moroccan family litigation.
The Problem Of Protecting Civilians In Modern Wars, Ihsan Hindi
The Problem Of Protecting Civilians In Modern Wars, Ihsan Hindi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This study addresses the protection of civilians in modern warfare, marked by the expansion of military operations and the development of new methods of combat. It reviews the international humanitarian law framework applicable to non-combatants, analyzes the challenges created by contemporary conflicts for distinguishing civilians from combatants, and discusses the gap between international legal norms and effective protection on the ground.
The General Income Tax And The Moroccan Family, Sabah Naouch
The General Income Tax And The Moroccan Family, Sabah Naouch
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes the proposed general income tax in Morocco and its implications for the Moroccan family. It compares separate and joint taxation systems, discusses the project’s treatment of the family as an economic unit, and examines the principle of ability to pay. Particular attention is given to family allowances, fiscal equity, and the social objectives of tax policy.
The Problem Of Negotiation Between Multinational Corporations And Host Countries, Mustapha El Kettiri
The Problem Of Negotiation Between Multinational Corporations And Host Countries, Mustapha El Kettiri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article discusses the negotiation problems that arise between multinational corporations and their host countries in the developing world. It examines the economic and political foundations of these relationships, shows how major corporations use their bargaining power in dealings with governments, and analyzes the strategies available to developing countries seeking to defend their national interests and strengthen economic sovereignty.
The Moroccan Experience In Constitutional Review Of Laws, Abderrahmane El Kadiri
The Moroccan Experience In Constitutional Review Of Laws, Abderrahmane El Kadiri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the Moroccan experience in constitutional review of legislation through comparison with the French model. It reviews the historical development of constitutional review in France, especially under the Fifth Republic, and analyzes the Moroccan institutional framework, legal basis, and competent bodies. It also discusses the impact of constitutional review on lawmaking and on the relationship between the legislative and executive branches.
Message From The Minister Of National Education On The Launch Of The Moroccan Review Of Law, Economics And Development, Azzeddine Iraqi
Message From The Minister Of National Education On The Launch Of The Moroccan Review Of Law, Economics And Development, Azzeddine Iraqi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This opening message by the Minister of National Education, Dr. Azzeddine Iraqi, marks the launch of the Moroccan Review of Law, Economics and Development. It praises the Faculty’s initiative to create a journal linking teaching and research, and highlights the academic needs that the journal is intended to serve.
Synthesis Report, Omar Azziman
Synthesis Report, Omar Azziman
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Omar Azziman explains that the Moroccan DOC, initially the most poorly received of all 1913 codes, was strongly criticized for its clumsiness, length, uncertainties, hesitations, and terminology. Critics also accused it of being neither insensitive to Islamic law nor impermeable to Germanic legal thought. However, these criticisms faded, and by the 1960s, doctrine became rather praiseful, hailing the DOC as an original work achieving a miraculous synthesis of Islamic law and modern European legislation. The DOC had fulfilled its mission as the legal foundation of Morocco's newly established economic system. Azziman notes that since 1965, considerable changes have occurred, challenging …
Article 54 Of The Dahir Of Obligations And Contracts: Why Has It Not Been Applied?, Mohammed Azzeddine Benseghir
Article 54 Of The Dahir Of Obligations And Contracts: Why Has It Not Been Applied?, Mohammed Azzeddine Benseghir
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Mohammed Azzeddine Benseghir asks why Article 54 of the Moroccan DOC remains unapplied in practice. Article 54 allows contract rescission based on illness or similar grounds, protecting certain vulnerable persons, including non-interdicted or non-institutionalized mentally ill individuals. The author analyzes the article's components: rescission motives, protected persons, judicial powers, and the nature of nullity. He then explores possible interpretations of Article 54, considering it as a remedy for gaps in traditional consent defects (fraud, mistake, duress) and lesion. Finally, he examines Article 54 as a potential foundation for a theory of exploitation in contract law, suggesting this overlooked provision might …
The Dahir Of Obligations And Contracts And Ecological Damage: The Environment At The Boundaries Of Nuisance Law, Mohamed Ali Mekouar
The Dahir Of Obligations And Contracts And Ecological Damage: The Environment At The Boundaries Of Nuisance Law, Mohamed Ali Mekouar
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Mohamed Ali Mekouar asks whether the Moroccan DOC, despite its age, can address modern ecological damage. He notes that environmental degradation is a defining phenomenon of the late 20th century, yet the DOC dates from 1913, long before such concerns emerged. Is it not illusory to seek ecological solutions in an aging code whose drafters could not have foreseen industrial pollution or resource depletion? Mekouar refuses to answer too hastily in the affirmative, suggesting that condemning the DOC for senility would be premature. Instead, he explores whether legal mechanisms at the borders of traditional nuisance law (voisinage) might offer pathways …
Lesion In The Dahir Of Obligations And Contracts, Azzedine Kettani
Lesion In The Dahir Of Obligations And Contracts, Azzedine Kettani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Azzedine Kettani examines the doctrine of lesion (laesio)—gross economic imbalance in a contract—within the Moroccan DOC. He notes that the DOC provides no definition of lesion, nor do other codes. Rather than merely measuring the "wrinkles" of this aging code, Kettani seeks to explore a part of the DOC that has remained intact not because of its robust constitution, but because it has rarely been invoked. Some might argue the DOC was born handicapped, and jurisprudence has failed to improve its deficiencies regarding lesion. Kettani acknowledges he may not be entirely praiseful toward the code or Moroccan jurisprudence, which has …
Articles 79 And 80 Of The Doc And The Evolution Of Jurisprudence On This Subject (Some Current Aspects Of Administrative Liability In Morocco), Hassan Ouazzani Chahdi
Articles 79 And 80 Of The Doc And The Evolution Of Jurisprudence On This Subject (Some Current Aspects Of Administrative Liability In Morocco), Hassan Ouazzani Chahdi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Hassan Ouazzani Chahdi examines Articles 79 and 80 of the DOC, which address administrative liability in Morocco. Article 79 holds the State and municipalities liable for damages directly caused by their administration's functioning and service-related faults of their agents. Article 80 holds agents personally liable for harm caused by fraud (dol) or gross misconduct during their duties, with the State/municipality liable only if the responsible official is insolvent. The author notes that in 1958, Professor Paul Decroux observed that the DOC was poorly received by legal practitioners, with many wishing for its repeal or revision. These critical observations apply equally …
Reflections On Delictual And Contractual Fault In The Dahir Of Obligations And Contracts, Françoise Monéger
Reflections On Delictual And Contractual Fault In The Dahir Of Obligations And Contracts, Françoise Monéger
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Françoise Monéger examines whether the Moroccan DOC's alleged "defect" in not strictly maintaining the distinction between tortious and contractual obligations might actually be an advantage. Citing a 1944 author who attributed this blurring to the DOC's complex origins reconciling European legislations with Islamic law, Monéger notes that French doctrine now questions this distinction due to its absurdities and difficulties. She observes that Moroccan jurisprudence has not always rigorously respected the separation, with many decisions basing liability on tortious obligation articles (77 ff.) even when parties were bound by contract. She suggests the DOC may resemble recent codes that unify both …
From The Civilist Conception Of Contractual Unilateral Termination To The Statutory Notion Of Dismissal, A Bouadhain
From The Civilist Conception Of Contractual Unilateral Termination To The Statutory Notion Of Dismissal, A Bouadhain
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
A. Bouadhain examines the evolution from civil law's contractual approach to unilateral termination toward labor law's statutory concept of dismissal in Moroccan law. The study analyzes how employment relationship cessation differs from standard contract termination. The author outlines various forms of cessation: suspension of the employment relationship (exclusive causes, illness, disciplinary layoff, force majeure), employee resignation, mutual agreement termination, non-renewal of fixed-term contracts, unilateral and substantial modification of indefinite-term contracts, and employer-fault termination. This research highlights the tension between civil law's individualistic contractual framework and labor law's protective statutory regime, demonstrating how employment termination requires distinct legal treatment beyond traditional …
Unconditional Guarantees In International Trade And Moroccan Law Of Obligations And Contracts, François-Paul Blanc Blanc
Unconditional Guarantees In International Trade And Moroccan Law Of Obligations And Contracts, François-Paul Blanc Blanc
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
François-Paul Blanc explains that the global market shift to a "buyer's market" has prioritized buyer guarantees over the past fifteen years. Importers now protect themselves against all risks linked to potential exporter default, particularly in developing countries where industrial installations cannot always be precisely evaluated by local experts. The exporter's guarantee obligation is often considered insufficient. For major equipment markets, third-party guarantees from entities with unquestionable financial stature are systematically required by project owners who can impose their conditions due to competitive bidding. These conditions frequently take the form of autonomous security instruments, whose validity under Moroccan law remains subject …
The Dahir Of Obligations And Contracts And Social Law, Ahmed El Aouani
The Dahir Of Obligations And Contracts And Social Law, Ahmed El Aouani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Ahmed El Aouani narrows the broad field of social law to focus on individual labor relations. He addresses whether labor law's autonomy from civil law is fiction or necessity, as labor law embodies a more protective philosophy. While scholars disagree on absolute autonomy, they unanimously recognize two distinct spirits: civil law as "conservative" and labor law as a recognized haven of "progressivism." El Aouani rejects the idea of absolute autonomy for individual labor relations, noting that despite increased state intervention, the individual employment contract remains the true source of party obligations. However, he argues it is necessary to alter and …
The Dahir Of Obligations And Contracts And International Contracts In Private Law, Layachi Messaoudi
The Dahir Of Obligations And Contracts And International Contracts In Private Law, Layachi Messaoudi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Layachi Messaoudi notes that one of the most striking post-war characteristics is the unprecedented development of international trade. States now participate directly or indirectly in commercial exchanges, contributing to the emergence of international trade law as a new branch of private law. This has resulted in a proliferation of contracts and the triumph of arbitration. Practice has developed contractual techniques resistant to traditional legal categories, such as turnkey contracts, leasing, factoring, renting, know-how, and technical assistance. A central question, particularly when public legal entities face foreign private parties, concerns which law applies to these contracts. Uncertainty in this area, amplified …
The Dahir Of Obligations And Contracts As A Fundamental Source Of Commercial Law, Mohamed El Mernissi
The Dahir Of Obligations And Contracts As A Fundamental Source Of Commercial Law, Mohamed El Mernissi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Mohamed El Mernissi addresses the apparent paradox of considering a civil code as a fundamental source of commercial law, given that commercial law's autonomy has long been established. He notes that after breaking away from civil law, commercial law became conquering and imperialistic, increasingly invading civil law. This encroachment led to what scholars call the "commercialization of civil law." This phenomenon occurs because civil law cannot remain indefinitely isolated from economic life. Non-merchants also need commercial techniques: everyone uses checks, bills of exchange, promissory notes, credit for purchases, bank operations, and securities investments without necessarily having legal status as a …
On The Scope Of Application Of The Doc: Beyond A Border Conflict, Omar Azziman
On The Scope Of Application Of The Doc: Beyond A Border Conflict, Omar Azziman
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Omar Azziman argues that despite the DOC being seventy years old, questions about its scope of application remain relevant. Determining which legal acts fall under the DOC is not obvious beyond formal boundaries. The stakes extend beyond border disputes due to current jurisprudential uncertainties and resulting legal insecurity. More importantly, the debate reignites questions about the sources inspiring Moroccan justice. Under the protectorate, pluralism was institutionalized: the DOC applied only before French courts in the southern zone and governed primarily foreigners appearing before modern courts. Moroccans, as litigants before traditional law courts, remained outside the DOC's scope. This historical duality …
Biography Of The Code Of Obligations And Contracts: From Reception To Assimilation Of A Foreign Code In The Moroccan Legal Order, Joël Monéger
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Joël Monéger examines the journey of Morocco's Code of Obligations and Contracts (DOC) from its forced reception to its eventual assimilation. He notes that historically, Greek cities and modern Italian republics often entrusted foreigners with establishing their laws. Similarly, the DOC was introduced to Morocco under the French protectorate. The study is divided into two parts. First, he analyzes the forced reception of the DOC, its French origins, and its relationship with existing Moroccan law. Second, he explores how litigants and judges adapted to applying the DOC, including their reforms, resistance, and the validation of contractual stipulations contrary to the …
The Theory Of Simulation In Light Of The Law Of Obligations And Contracts, Mohammed Chaibi Elmadkouri
The Theory Of Simulation In Light Of The Law Of Obligations And Contracts, Mohammed Chaibi Elmadkouri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Mohamed Chaabi Al Madkouri examines the theory of simulation in Moroccan contract law. Simulation is a tool used by some individuals to conceal the true nature of their legal transactions by presenting a fictitious appearance as real. People resort to simulation when the law does not fulfill their ambitions or when revealing the truth would cause them harm, particularly when their activities violate legal rules. The author highlights the central legal problem: balancing respect for the contracting parties who created the simulation with protecting the rights of third parties who are misled by it. He observes that for every genuine …
Article 230 Of The Moroccan Law Of Obligations And Contracts, Zaid Kadri Al Tarjuman
Article 230 Of The Moroccan Law Of Obligations And Contracts, Zaid Kadri Al Tarjuman
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Zaid Kadri Al Tarjuman examines Article 230 of the Moroccan Law of Obligations and Contracts, which states that contractually created obligations validly formed stand as law for those who created them and cannot be revoked except by mutual consent or in cases provided by law. This article establishes the principle of the authority of the will (principe de l'autonomie de la volonté), resting on two rules: the contract is the law of the parties, and a contract cannot be revoked without mutual consent or legal exception. However, the author notes that exceptions exist to this principle, some found within the …
The Legal Foundations Of Unfair Competition Under Article 84 Of The Moroccan Law Of Obligations And Contracts, Choukri Ahmed Sebai
The Legal Foundations Of Unfair Competition Under Article 84 Of The Moroccan Law Of Obligations And Contracts, Choukri Ahmed Sebai
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Choukri Ahmed Sebai compares the Moroccan Dahir of Obligations and Contracts (DOC) to an ocean, noting that like the sea, it is too vast for any researcher to fully grasp in a single article. The DOC serves as the common law (general law) of Morocco, serving as the general legal framework to which judges and lawyers refer whenever a specific law (commercial, administrative, financial, etc.) lacks a relevant provision. The author emphasizes the DOC's deep connection to human life and economic activity, including agriculture, industry, and trade. Within this broader context, the study specifically examines the legal foundations of unfair …
The Conflict Between Maliki Jurisprudence And The Dahir Of Obligations And Contracts Regarding Non-Registered Real Estate, Amine El Kechir
The Conflict Between Maliki Jurisprudence And The Dahir Of Obligations And Contracts Regarding Non-Registered Real Estate, Amine El Kechir
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Amine El Kechir examines the conflict between Maliki jurisprudence and Morocco's Dahir of Obligations and Contracts (DOC) concerning non-registered real estate. Registered properties follow the DOC, while non-registered properties traditionally fall under Maliki rules. Although the DOC became the general reference for Moroccan judges in 1965, judicial practice remains divided for non-registered land. Historically, the Maliki school dominated Morocco since the Idrisid dynasty, spread by scholars returning from Medina. This persistent legal duality creates uncertainty in adjudicating property rights. The author argues that resolving this conflict is essential for legal coherence and calls for a clearer framework to harmonize modern …