Les nouvelles mesures de la loi 49-16 relative aux baux à usage commercial, industriel ou artisanal

Abstract EN

It is known that the law 49-16 related of real-estate rental and shops designated for commercial, industrial and crafts use, by which the Dahir of may 24, 1955 was considered a qualitative revolution in the legislative field by defining the scope of the application of new law and enacting new requirements that ensure the protection of the renter and the lessor in the commercial rental, such as giving the renter the possibility to compensate as a result of emptying the shop…etc.

Also, this new law enacted a set of requirements that would protect the lessor such as granting the latter the ability to implement the ruling on emptying his benefit without waiting for the compensation case to be filed because the latter failed to present his request aimed at obtaining compensation despite attending the emptying suit procedures.

All of these requirements through which the legislator aims to achieve contractual and judicial security in a desire to protect contractual parties and encourage investments and finally reducing the high number of commercial rental conflicts presented to the courts.