Articles 79 And 80 Of The Doc And The Evolution Of Jurisprudence On This Subject (Some Current Aspects Of Administrative Liability In Morocco),
2026
FSJES Ain Chock, Hassan II University of Casablanca, Morocco
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca, Morocco
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,
2026
Faculty of Law, Rabat
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca, Morocco
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,
2026
UH2C Press
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,
2026
Faculty of Law, Fes
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca, Morocco
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,
2026
Faculty of Law, Rabat
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca, Morocco
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
Faculty of Law, Rabat
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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,
2026
FSJES Ain Chock, Hassan II University of Casablanca
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 …
How To Read The Dahir Of Obligations And Contracts?,
2026
Faculty of Law, Rabat
How To Read The Dahir Of Obligations And Contracts?, Ahmed Khamlichi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Ahmed Khamlichi, Professor at the Faculty of Law in Rabat, questions how to approach Morocco's Dahir of Obligations and Contracts. He asks whether to interpret it through its Latin legal source, treat that source merely as comparative law, or distinguish between the various origins of the DOC. Before answering, he emphasizes the need to clarify the DOC's sources. He criticizes scholars for debating whether French law or Islamic Sharia influenced the text more, noting that many misuse the term "Sharia." According to Khamlichi, Sharia refers strictly to explicit Quranic and Sunnah rules, while most DOC provisions belong to Islamic jurisprudence …
A Critical Reading Of The Dahir Of Obligations And Contracts,
2026
FSJES Ain Chock, Hassan II University of Casablanca
A Critical Reading Of The Dahir Of Obligations And Contracts, Mohamed Chaabi Al Madkouri
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Mohamed Chaabi Al Madkouri introduces private law, noting that civil law is its foundation. Other branches emerged to regulate specific relationships requiring special rules. When no specific text exists, civil law serves as the reference. Civil law is practically divided into three parts: 1) rights of persons and family (marriage, lineage), 2) financial rights including real rights (property, usufruct) and personal rights or obligations, and 3) contribution contracts. The author mentions Roman law, which governed relations among Romans but not foreigners, and the French civil code, which borrowed heavily from Roman and canon law, influenced many modern Arab legal systems, …
Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law,
2026
Brooklyn Law School
Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen
Brooklyn Journal of International Law
This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …
Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?,
2026
Brooklyn Law School
Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi
Brooklyn Journal of International Law
As the global climate crisis intensifies, the transition to clean energy technologies has become an urgent priority for the world's largest carbon dioxide emitters: China, the United States, and India. This Note examines how patent law can serve as a critical instrument in accelerating that transition. The patent system’s core quid pro quo grants inventors exclusive rights in exchange for public disclosure, creating powerful incentives for innovation. Yet the law’s failure to require active use of patented technologies has enabled a range of anticompetitive behaviors, including patent trolling, patent warehousing, and the accumulation of dormant patent portfolios, that allow proprietary …
The Future Judicial Organization Of The Republic Of Djibouti,
2026
Conseiller juridique auprès du Président de la République de Djibouti
The Future Judicial Organization Of The Republic Of Djibouti, Ahmed Ouazzani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This article examines the future judicial organization of the Republic of Djibouti after independence. It identifies the provisional characteristics of the existing judicial infrastructure, including the plurality of jurisdictions, the role of non-professional judges, procedural transgressions, and linguistic issues. The article then discusses the reforms required to modernize the judicial system and presents the projected structure of Djibouti's justice system at the first instance, appellate, and supreme levels.
Colloquia And Seminars: Reports And Reflections,
2026
FSJES Ain Chock, Hassan II University of Casablanca
Colloquia And Seminars: Reports And Reflections, Saïd Ihrai, Brahim Rachidi, Mamoun Lahbabi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This record brings together several reports and reflections published in the colloquia and seminars section of the issue. It includes a discussion of the Global System of Trade Preferences and commercial cooperation among Islamic and developing countries; a report on the inter-university and international colloquium “Toward What New World Order?”; reflections on international meetings devoted to Keynes, Schumpeter, economic theory, and policy; and a report on a World Health Organization workshop-seminar held in Lyon. Taken together, these contributions document contemporary debates on international economic relations, development, trade cooperation, economic thought, health systems, and public policy.
Bibliographic Notes: Morocco, Technology Transfer, Industrialization, And The International Division Of Labour,
2026
FSJESAC Hassan II University of Casablanca
Bibliographic Notes: Morocco, Technology Transfer, Industrialization, And The International Division Of Labour, Mohamed Faik
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This bibliographic section brings together notes dealing with Morocco's integration into the international division of labour, the political economy of technology transfer, trends in Moroccan industrialization, and the capital goods sector. It reviews works that examine how developing economies are inserted into international economic relations and how technological dependence, specialization, and industrial policy affect their development trajectories.
