قانون الالتزامات والعقود

Moroccan Law of Obligations and Contracts according to the latest update of an electronic book

I present to you the Moroccan Law of Obligations and Contracts

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Definition of commitment:

It is a legal association between two persons, one of whom is a creditor and the other a debtor, according to which the creditor has the right to demand from the debtor either to transfer a right in kind, to perform an action, or to refrain from work.

• The personal doctrine of commitment and the materialist doctrine of obligation

- The personal doctrine of obligation: the obligation is based on a bond between two people, a relationship between a creditor and a debtor, so this relationship in the view of this doctrine is the basis for every commitment, and commitment according to this doctrine is nothing but a legal bond between two people who authorize one of them to require from the other a specific financial performance . This principle continued back to the Roman era.

- The materialistic doctrine of commitment: This doctrine looks at the object of commitment and considers this as an obligation that is nothing but a material thing or a financial value.

Knot theory

Definition of the contract: It is the agreement of two wills to have a legal effect, such as sale and lease contract.

Contract properties

It requires the availability of more than one will.

- That there be compatibility and congruence between the two wills, in order to establish this contract, at least, this agreement must be on the basic elements such as the nature of the contract and the agreement on the identity of the shop.

- The agreement between the two parties must be in order to have a legal effect, for example when we are in front of the sale contract, so the purpose of concluding this contract is to obtain the sale if you are a buyer or to obtain the price if you are a seller.

Freedom of will to conclude legal actions, or what is called the principle of the authority of the will

What is meant by the principle of the authority of the will: that the individual has complete freedom in contracting or not, and if he limits himself to agreeing to the contract, then this is by conviction and choice of insurance.

The principle of the authority of the will in the law of obligations and contracts.

The Moroccan legislator has been influenced by the principle of the authority of the will through Chapters 2, 19 and 21, which relate to the need to express the will in an apparent manner. The legislator has also defined the scope of this principle through Article 230 of the Law in which the Moroccan legislator makes the will the law of contracting parties and is related to two other principles, namely the principle of binding force The contract and the principle of relativity effects of the contract and these principles are the pillars upon which the commitment theory is based.