الحماية القانونية لحق المكتري في السكنى

الملخص EN

A careful reading of the implications of the Corona pandemic, Covid 19, on contractual relations in general, and on lease contracts in particular, reveals the extent of the need for sober legislative intervention, which would take into account the balance contractual requirement, faced with exceptional circumstances, for which the contractors have no responsibility, and which are beyond their will.

It is true that the judiciary can play the role required to deal with this situation and others, with solutions which may be appropriate and timely, but there is no guarantee that these solutions will be balanced against all similar cases.

Therefore, it is desirable that there are legislative texts which impose the collective will, which is that of the legislator when it comes to such cases.

Hence the importance of the revision of the Dahir of obligations and contracts, by adopting the theory of unforeseeable circumstances, which does not completely confiscate and revoke the right of the judiciary to intervene.

, but does not leave the field open without limits to this judicial intervention, in the interest of contractual security.