Law and Compliance in Morocco

Overview by Globlatrade.net:

Business Contract

General Observation: In the event of litigation, the obligations are not always executed and the penalty clause rarely used. Thus it is advisable to give special attenttion in the choice of one's partner.
Law Applicable to the Contract: Book IV of Moroccan Commercial law of 1995
Advisable Incoterms: FOB or CIF
Language of Domestic Contract: French in general, Arabic.
Rarely English.
Other Laws Which Can Be Used in Domestic Contracts: The contracting parties can choose to be governed by the law of any country.

The Language of Justice: Arabic is the legal language, but French is often used in businesses as well as in governement milieus.
Recourse to an Interpreter: Possible
Legal Similarities: The main source of the law is the constitution of 1972 (revised in 1992 and 1996). The legal system is based on the Islamic law as well as on the French and Spanish civil law systems.

Checking National Laws Online: Public law
African law
Bassamat & associate
Other Useful Resources: Guide to Morocco Legal System
Wordpress, Blog on Moroccan law.
Country Guides: WorldLii, World Legal Information Institute
Mediterranean Exchange, Investor's guide to Morocco.

Trial Court	Civil and commercial cases, on first hearing or appeal
Commercial Court	Cases between traders, between partners on first hearing
Communal and District Courts	Land and property cases of value less than 1000 MAD
Court of Appeal	Criminal and appeal cases judged on first hearing
Supreme Court	Cassation, cancelling decisions of the Prime Minister, dismissal of judges
Administrative Court	Cancellation of administrative decisions, damages, administrative contracts
Special Court of Law	Cases involving judges or government employees corruption, etc.)
High Court	Cases involving members of government during their tenure
Royal Armed Forces Court	Cases of illegal carrying of fire weapons and those involving soldiers
Audit Court	Supervision of budget implementation

Judge: Judge appointed by the Department of Justice, but irrevocable and supposedly independent; he renders judgments.
Public Prosecutor: Judge of the Department of Justice, responsible for indictment in a criminal lawsuit.
Lawyer: Lawyer member of the Bar.
He provides defense of protagonists.
Bailiff: Officiers of the court holding monopoly of notification of writs, he also plays the role of an expert.
Registrar: Court clerk.

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