الوكالة في الطلاق و التطليق : من ضعف الرؤى التشريعية ....إلى الحاجة لتنزيل الصلح عن بعد

Abstract EN

The Family Code came in 2004 according to Law No.

70.03, and it carried with it many problems that were presented by practice, although it was stopped in solving many of the problems surrounding marriage.

Her position remained ambiguous regarding the agency in divorce and divorce, and research and scrutiny within the requirements of the Family Code did not find any indication, neither from afar nor from close, that reinforces the premise of adopting or recognizing the agency in divorce and divorce explicitly, Contrary to what was stipulated in Article 44 of the Personal Status Code by permitting the agency in divorce, it can be said that there are several legal and jurisprudential indicators as well as judicial, even if it is characterized by a conflict between them regarding the permissibility of power of attorney in divorce and divorce, In the same context, we affirm that the only solution to overcome the problems raised by this issue is the necessity for legislative intervention to be at least opening the possibility of conducting reconciliation remotely as one of the solutions expected and proposed to solve the problem related to these situations, especially for Moroccans living in Outside Morocco which is what we covered in this article..