Law and Compliance in Morocco
- 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.
- Other Laws Which Can Be Used in Domestic Contracts
- The contracting parties can choose to be governed by the law of any country.
Legal Framework of Business
Equity of Judgments
- 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
- 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.
The Different Legal Codes
|Commercial law (in French)||Law no.15-95|
|Family law||Law no.70-03|
|Penal code (in French)||Dahir no.1-59-413|
|Employment regulations||Law no.65-99|
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|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 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 member of the Bar.
He provides defense of protagonists.
- Officiers of the court holding monopoly of notification of writs, he also plays the role of an expert.
- Court clerk.
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