The dissolution of marital unions under Moroccan private international law

Abstract EN

Morocco has a very special status with regards to immigration, as it is at the same time a country of departure as well as settlement country for migrants, which increases the application of the rules of private international law significantly, both at the level of determining the applicable law, or determining the international jurisdiction of Moroccan courts, or enforcing foreign judgments in.

These rules, of Western origin, which were introduced in Morocco by the foreign protection imposed on it, and continued to be applied even after independence, sometimes offer unfamiliar solutions that may conflict with the prevailing principles in it.

Personal status issues - including issues related to the dissolution of marriage - are a fertile ground for raising these rules, in addition to that their rules in Morocco have an Islamic origin, which sometimes leads to disputes that place the Moroccan judges in a position when they have choose between rules of secular origin or the local rules of Islamic origins, which end up by applying the solutions that are most compatible with what’s in force in his country.