الحماية الوقتية لحق الملكية العقارية الخاصة بالمغرب من خلال دعوى الاعتداء المادي

الملخص EN

The state lacks a public wealth real estate, so the law has granted it to the possibility of forcibling expropriation of real estate ownership to obtain a sufficient real estate balance for the completion of public projects under the supervision of the administrative judiciary, which plays its role in resolving administrative actions that violate the law, as it found its lost in the theory of physical abuse.

That is why I chose to address the role of the urgent administrative judiciary in Morocco in administrative cases, which is compared to that of the substantive judiciary, but it did not receive the same attention in the context of the cases of physical abuse in the case of the issue.It was necessary to clarify the most important problems associated with requests for urgent physical assault, by presenting first the legal document for the urgent judiciary to issue orders that have temporary authority to protect real estate property.

but also second, we tried to reveal how he dealt with these requests, and to highlight the value of his judicial jurisprudence, using Moroccan judicial applications in this field.

In general, it can be said that the emergency judiciary has broad exceptional powers in cases of physical assault, which gave it the right to issue urgent orders to the administration to stop, expel, and demolish...

However, the Moroccan legislator must acknowledge the existence of an urgent administrative judiciary, which enjoys not only a special regulation at the level of the competent judicial authority.

And at the level of the conditions of access to it and the procedures followed towards it, and the ways to implement and challenge its orders.