Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Assignement 3
Legal Environment
Dr Benlamhidi
A great part of the commercial law in Morocco deals with the checks, their
specific amount of money from a specified demand account held in the maker/
depositors name with that institution. Both the maker of the check and the payee must be
In other words, the issuer or maker of the check gives an order to a banker to pay a
The commercial paper should be designed a check in the authority itself and in the
The name of the issuer of the check (the one who will be withdrawn from its
account).
The name and signature of the withdrawer (the one to whom the check is
destined).
Types of checks:
o Certified checks: is a check that the issuer has certified by a bank. The
banker ensures that the amount for which the check has been issued will
be maintained until the end of the delay of the presentation of the check.
2
o Marked Check: the issuer of the check can mark his check by a bank. So
the bank affixes a seal with a mention. The check is dated, signed and the
beneficiary thus knows that the check was covered when it was marked.
check:
*A specific mention
o Barred Check: The barred checks that are issued ordinarily freely by
the bank cannot be liquidated by someone who does not have a bank account
The new commercial law in Morocco has been implemented by the Dahir No. 1.96.83 of
The commercial law regulates the rules and procedures related to the commercial
The trade issues are solved under the laws and customs and habits of trade or under civil
.law unless the rules are incompatible with the basic principles of commercial law
.The private and local customs and habits prevail over the public customs and habits
If the work is commercial for one of the contractors and civilian for the other, the rules of
the commercial law should be applied in facing the party who had the commercial work,
but the commercial law cannot be used in facing the party who has the civilian work,
The obligations arising from a commercial work between the merchants or between the
merchants and non merchants cannot exceed 5 years before being presenting the case to
.court (statute of limitation), unless there is specific requirements that violates this
4
A merchant is someone whose occupation is the wholesale purchase and retail sale of
According to the Moroccan commercial law, for anyone to acquire the profile of a
The purchase of the transportable objects either physical or nonphysical with the .(1
intent to sell them or to sell them after reconfiguring them or with the intention of renting
.them
The purchase of the real estate with the intent to sold them directly or after changing .(2
.them
Transportation .(4
.The financial transaction and the banking and the loans .(5
Offices and agencies and business travel, media and publicity .(11
In addition to those activities, a merchant can also perform any operation linked to the
located in Marrakech, Fez and Casablanca and eight commercial courts located in
A prosecutors office made up of the Kings attorney and one or several deputies
The president of the commercial court appoints, based on a proposal from the
procedures.
The hearings are held at the commercial courts and at the commercial courts of appeal by
Merchants can agree with non merchants to jurisdiction in commercial courts of litigation
The parties may agree to submit the disputes listed above to arbitration procedures in
accordance with provisions of Article 5 of the law establishing the commercial courts.
The commercial courts must rule on challenges to jurisdiction with in eight days.
Decisions relative to jurisdiction are subject to appeal within ten days from the date of
ruling notification.
The court clerk transmits the case to the commercial court of appeal the following one
The court rules within ten days from the date the case is filled in the clercks office.
When the commercial courts of appeal rule in jurisdiction, they transmit the file
automatically to the competent court within ten days from the date the decision is
Commercial courts have jurisdiction to rule on cases for which the cumulative value
exceeds 20,000 dirhams. They also rule on all cross actions or demands for compensation
Commercial courts can require a deposit or freeze funds of the defendant when the debt is
established and is not subject to challenge on its face. This is subject to the plaintiff
Territorial jurisdiction or venue is with the court of the real or chosen address of the
defendant. When the defendant doesnt have an address in Morocco, but has a residence
When the defendant has neither an address, nor a residence in Morocco, the case will be
heard before the address or the residence of the plaintiff claimant or one among them if
If there are several defendants, the plaintiff can choose the court of the domicile or the
Venue:
For companies, before the commercial court of the address of the head office or
its branch,
For bankruptcies, before the commercial court of the address of the head office
For conservatory measures, before the commercial court where the object of the
measure arose,
In any case, the parties can agree, in writing, on the competent commercial court.
foreign country that has an agreement with Morocco allowing him to plead before the
Moroccan jurisdictions, after having been allowed by the minister of justice, under the
8
condition that he elects domicile with a lawyer registered in one of the bars of the
Kingdom.
Judicial fees are paid as long as the party does not benefit from a legal aid.
Complaints are filed on a specific register designed for that matter. The clerk delivers to
the plaintiff a receipt with the name, the date of filling, its number in the register and the
number and the nature of the attached documents, and places a copy of that receipt in the
file.
As soon as the complaint is filed, the president of the court designates a judge assigned to
the case to whom he transmits the file with in twenty-four hours. The assigned judge calls
the parties to the next hearing of which he fixes the date. Notification is transmitted by a
bailiff of justice except in the case of a decision of the court to notify according to the
When the file is not complete, the commercial court postpone the case to the next hearing
or sends it back to the judge rapporteur who schedules again the hearing with in a
The appeal of the judgment of the commercial court has to take place within the fifteen
days from the date of notification of the judgment, in accordance with the code of the
The request for appeal is filed are the clerks office of the commercial court that transmits
it, with the attached documents, to the clerks office of the commercial court of appeal
with in a maximum time range of fifteen days from the filing date.
9
The same procedures for the commercial courts of appeal (filling a request by a lawyer,
The execution agent serves the judgment on the judgment debtor and warns him about
paying for the sum in the judgment or making known to the agent his intentions within a
time frame not exceeding ten days from the date of the execution request.
The execution agent must establish a report of the enforceable seizure or the motives
hindering the operation, this with in 20 days after the expiration of the warning time.
Commercial jurisdictions apply the dispositions concerning the general rules bound to
4). What does Lousra company must do to get paid? Did Coca Cola Company
In order to get paid, Lousra company should bring a lawsuit against Coca Cola
company in the commercial court, and this is done by delivering the check and
filling a specific form in the commercial court. After paying the fees of the
lawsuit, the two documents: the check and the filled form, should be presented to
the president of the commercial court (or to one of his representative), who must
money from other account of Coca Cola company if any or from la caisse or to
money or assets that Coca Cola company possess, transferring them or changing
them and this is done under an order issued by the commercial court.
10
Coca Cola Company has violated the law because the law states that the issuer of
the check should have enough money in its account in order to pay the
beneficiary. Since Coca Cola Company knew that it went into some financial
difficulties and that it had no money in its account while making a check, we can
:References
http://www.cacmarrakech.ma/acceuillen.asp