نظام استقلال الذمة المالية للزوجين و تأثره بحق الكد و السعاية : دراسة تفصيلية للمادة 49 من مدونة الأسرة المغربية

Abstract EN

Financial rights are considered to be the basic foundations on which the family is based.

Thus, the system of financial independence of the spouses, husband and wife, governs financial relations in many countries, such as Morocco.

Therefore, the Moroccan legislator stipulates in Article 49 of the Moroccan Family Code that the wife's financial responsibility is independent of her husband and that she has the right to control the management and disbursement of her money as long as her financial wealth has been enriched by legal means enabling her to own these funds without the financial burden of her husband.

However, the advantages of the system of financial independence are just theoretical.

The reality requires the couple to share and contribute to the development of family wealth, which leads to the creation of a joint financial mass between the spouses.

Both spouses right in this earned money and in what they earned from their work must be taken into account under the so-called the right of hard work and persuit of prosperity that includes the idea of contribution, work, and effort by all means In order to develop the family funds.

Based on this, the text of Article 49 of the Moroccan Family code in its first paragraph decided the financial independence of the couple as a general principle and provided in the second paragraph the license to agree on the acquired management of funds during marital life and the discharge of this agreement in a formal documented form till It is easy to prove each spouse's financial share as a result of their work together to develop their mutual funds.

Some scholars also call for the necessity of taking the wifes housework on the basis that it contributes to the development of family funds even if only with a small input.