The Seals Of Notaries And Their Evidentiary Value In Moroccan Law,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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.
Pay-To-Play,
2026
Brigham Young University Law School
Pay-To-Play, Gad Weiss
BYU Law Review
Pay-to-play clauses are a surprisingly understudied feature of venture capital financing deals. These provisions are designed to act as enforcement agents, securing investors’ long-term commitment by penalizing those who decline to provide additional funding when their portfolio startups come calling. Through an analysis of a novel dataset of pay-to-play clauses, this paper uncovers surprising patterns in how U.S. startups design and deploy them—most notably, their tendency to discriminate among investors despite legal guidance suggesting otherwise. The paper illustrates how pay-to-play clauses can increase enterprise value by addressing flaws in startups’ governance and capital structures, preventing destructive “chicken” games among investor …
Algorithmic Tax Ownership Young Ran (Christine) Kim &,
2026
Brigham Young University Law School
Algorithmic Tax Ownership Young Ran (Christine) Kim &, Young Ran (Christine) Kim, Dmitry Erokhin
BYU Law Review
Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …
Expert Asymmetry: Evidence From Securities Litigation,
2026
William & Mary Law School
Expert Asymmetry: Evidence From Securities Litigation, Adam Callister, Andrew Granato, Belisa Pang
Articles
Modern litigation often involves two separate, extra-legal features: (1) contingency fee arrangements with the plaintiff-side attorney, and (2) a “battle of the experts” where the outcome of the case rests on conflicting expert witness testimony. We construct a model to illustrate that when these features occur simultaneously, in contexts where plaintiff-side attorneys bear the cost of hiring experts upfront, defendants will spend systematically more than plaintiffs on hiring expert witnesses. Our model is motivated by hand-collected data from a decade of securities class action litigation, where we show that experts polarize into almost entirely plaintiff-side versus defense-side experts, that defense-side …
The Difficulties Of Property Development,
2026
FSJESAC Hassan II University of Casablanca
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,
2026
FSJESAC Hassan II University of Casablanca
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
FSJESAC Hassan II University of Casablanca
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,
2026
Faculty of Law, Rabat
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
FSJESAC Hassan II University of Casablanca
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,
2026
FSJESAC Hassan II University of Casablanca
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
Land Development Service, Rabat
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
Faculty of Law, Rabat
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,
2026
National Land Agency, Rabat
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
Faculty of Law, Rabat
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" …
