القواعد الإجرائية الخاصة ببيع أموال القاصر بين مدونة الأسرة و قانون المسطرة المدنية

Abstract EN

In this article, he spoke about the most important procedures drawn up by the Moroccan legislator regarding the sale of a minor’s money, starting with submitting a request for permission to the judge in charge of the affairs of minors by the guardian or the applicant in order to sell the movables and real estate of a minor, either through consent if the value of the movable does not exceed two thousand dirhams, Or by public auction in the event that the conciliation does not occur or the value of movables and real estate exceeds two thousand dirhams, this is at the level of the provisions of the Civil Procedure Code, but at the level of practical reality, we rarely find real estate less than two thousand dirhams, which makes the consensual sale of the property of the minor is not possible in light of The high price of real estate in Morocco.

But by referring to the requirements of the Family Code, we find that the Moroccan legislator went the other way by raising the value of the movables and real estate that require obtaining the permission of the judge to ten thousand dirhams when it is intended to sell the money of the minor, and in the sense of violation if the money of the minor to be sold did not exceed ten thousand dirhams, It is not necessary to obtain prior permission from the minors’ affairs judge, whether or not they are at risk of damage and whether their value exceeds five thousand dirhams or not.

Therefore, it would be desirable for the Moroccan legislator to intervene with the aim of amending Chapters 201 and 209 of the Civil Procedure Code, as well as the requirements of Article 272 of the Family Code, by raising the ceiling on the value of real estate, as well as movables subject to damage and loss that do not require the permission of the competent judge to sell them to ten thousand dirhams, with the aim of their approval and suitability.

To the requirements of Article 271 of the Family Code.

In the end, it can be said that despite the protection provided by the Moroccan legislator, it remains incomplete, in light of the dispersal of legal texts that frame and care for minors in the field of financial transactions.