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Articles 301 - 330 of 578
Full-Text Articles in Law and Economics
On The Legal Classification Of The Sources Of Obligations In Moroccan Civil Law, François-Paul Blanc
On The Legal Classification Of The Sources Of Obligations In Moroccan Civil Law, François-Paul Blanc
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the legal classification of the sources of obligations under Moroccan civil law, particularly within the Code of Obligations and Contracts. It discusses doctrinal distinctions among contracts, unilateral acts, civil liability, and other sources of obligations, and evaluates the coherence and practical value of the legal classification.
The Human Right To Development, Mohamed El Kouhene
The Human Right To Development, Mohamed El Kouhene
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the foundations and scope of the human right to development. It situates the right within international human rights law, explores its emergence in United Nations debates, and discusses the legal and political challenges involved in recognizing development as a human right and a collective claim of peoples.
The Constitutional Sources Of Children’S Rights As General Principles Of Law, Hassan Ouazzani Chahdi
The Constitutional Sources Of Children’S Rights As General Principles Of Law, Hassan Ouazzani Chahdi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines children’s rights as general principles of law and explores their constitutional foundations. It discusses the relationship between constitutional norms, international legal standards, and domestic protection of the child, and analyzes how these sources can support a coherent legal framework for children’s rights.
The Dimension Of Time In Parliamentary Life, Abdelkbir Fikri
The Dimension Of Time In Parliamentary Life, Abdelkbir Fikri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes the role of time as a structuring constraint in parliamentary life. Focusing on Morocco, and particularly on the budgetary process and the finance law, it examines how constitutional deadlines and procedural timetables shape legislative activity and the balance between Parliament and the executive.
The Income Tax System On The Eve Of Fiscal Reform, Mustapha Boumlik
The Income Tax System On The Eve Of Fiscal Reform, Mustapha Boumlik
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes Morocco’s system of income taxation on the eve of fiscal reform. It reviews the existing rules, the proposed reform framework, and the debates surrounding the introduction of a general income tax, highlighting the fiscal, legal, and political implications of reform.
The State’S Control Over National Economic Activities In Morocco: Myth Or Reality?, Denys Simon
The State’S Control Over National Economic Activities In Morocco: Myth Or Reality?, Denys Simon
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article critically examines the actual extent of state control over national economic activities in Morocco. It discusses public enterprises, nationalization, Moroccanization, and public-sector intervention, questioning whether the State’s influence is as extensive as is often claimed or whether its control remains limited and uneven.
The Energy Crisis And The Dynamics Of Relocation Of Certain Polluting Industries, Brahim Rachidi
The Energy Crisis And The Dynamics Of Relocation Of Certain Polluting Industries, Brahim Rachidi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes how the energy crisis of the 1970s contributed to the relocation of certain polluting industries toward developing countries. It examines the economic logic of these transfers, their relationship to the international division of labor, and their implications for industrial development, environmental protection, and the policy choices available to host countries.
An Attempt To Define A Socio-Economic Typology Of Urban Centers, Belaid Ghermani, Ahmed Ghazali
An Attempt To Define A Socio-Economic Typology Of Urban Centers, Belaid Ghermani, Ahmed Ghazali
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article proposes a method for classifying Moroccan urban centers according to socio-economic criteria. Using statistical indicators and analytical tools, it seeks to identify different types of urban centers and to understand how demographic, economic, and social variables shape patterns of urbanization and regional development.
Morocco At The End Of The Nineteenth Century: A Model Of Accumulation And Dependence, Jamal Tebaa
Morocco At The End Of The Nineteenth Century: A Model Of Accumulation And Dependence, Jamal Tebaa
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article analyzes Morocco’s economic formation at the end of the nineteenth century through the concepts of accumulation and dependence. It examines the interaction between domestic economic structures, foreign trade, merchant capital, and the growing pressures of colonial expansion, highlighting the mechanisms that shaped Morocco’s position in the international economy.
Elements For Assessing The Comparative Economic Performance Of Morocco And Tunisia, Ahmed Sadik
Elements For Assessing The Comparative Economic Performance Of Morocco And Tunisia, Ahmed Sadik
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article compares the economic performance of Morocco and Tunisia since independence, placing the analysis in a broader Maghreb context. It examines growth patterns, structural transformations, policy choices, and development indicators in order to assess the relative trajectory of each economy and the factors explaining their differences.
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 …