L’internationalisation de droit marocain des affaires et l’adhésion à l’OHADA

Abstract EN

The current practice of international business law in Morocco reveals a lot about the quality a nd content of the new Moroccan business law.

she does, however, reveal several anomalies or inadaptations of common law to the requirements of the applicability of certain international contracting arrangements that are of particular interest to foreign economic operators.

moreover, the new Moroccan law of business includes a commercial code that specifies the legal regime applicable to certain distribution contracts, such as a commercial agency or a commission, as well as financing contracts, such as credit-bail, and it has more specifically established a new regime for resolving business difficulties, which includes procedures for avoiding difficulties and liquidation.

in his case, the law of corporations has been reformed, and in the case of a private corporation, for example, the principles of corporate governance have been defined to ensure more equity in the rights of shareholders.

furthermore, under the "ADPIC" of the organization Mondial of commerce, intellectual property rights have been harmonized with international commitments made by the Moroccan government, and last but not least, banking and monetary rights have been updated to ensure greater transparency and efficiency in the capital market.

the new legal and judicial arsenal, along with the establishment of commercial tribunals, has set a high bar for the development of business in Morocco.

as a result, while judicial procedures serve as a source of reassurance for investors, Morocco’s legal armory in the area of business law remains at odds with worldwide standards.

the commercial dispute, like Damocles on the throne of investors, is a fact of life in the business world.

Lourdes procedures and a lack of judge training are two of the most common criticisms.