الحماية التشريعية للأموال المستثمرة : بين العطاء الظاهر و النزع الباطن

الملخص EN

The constitution recognizes explicitly the protection of invested money through the protection of the right of real estate property.

So, this latter cannot be expropriated except in accordance with the requirements of the public interest, with the obligation to provide a fair and equitable compensation covering all the damages suffered by the investor, The objective of such measures is to embody the constitutional purposes and the principle of freedom of investment.

In the same context, the Investment Promotion Act 2016 has reaffirmed this issue the article 23 as a guarantees granted to investments.

The same law, once again, emphasizes the principle of free transfer in article 25 with the possibility of transferring invested capital and its interests easily inside and outside the country.

with an expansion of the scope of transfers which are considered by the legislator as guarantees.

But the legal coverage of the protection of invested funds remains relative as they face legislative maneuvers and internal restriction within the idea of legal sovereignty through imposing strict control by the State in the field of economic to respect the public interest.