Law and Compliance in Morocco

Overview by

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
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.

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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
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.

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The Jurisdictions

 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

Court Officials

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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