مساطر صعوبات المقاولة العابرة للحدود : دراسة في ضوء القانون الدولي الخاص

Abstract EN

The Moroccan legislator has tried hard to encourage businesses and to provide contractors and investors the guaranty, to take into account the difficulties of cross-border businesses under Law No.

73.17.

This is so given the fact that businesspeople invest their money in multiple countries.

To maintain the stability of commercial transactions, whether internal or international, where the debtor merchant has assets or creditors in more than one country, as well as to the frequent increase in economic crises, there has been an urgent need to provide protection mechanisms for businesspeople at the external level, as is the case when two procedures related to the same debtor are raised simultaneously inside Morocco and in a foreign country.

The importance of the procedures for the difficulties of cross-border businesses also lies in facilitating the cooperation between Moroccan courts and foreign courts concerned with the procedures of business difficulties.

This aims at enhancing legal security in the fields of cross-border trade and investment and protecting both creditors and other parties, including the debtor.

This could be done by protecting and developing its assets as well as working to facilitate the rescue of financially distressed businesses, which provides protection for investment and preserves job opportunities.

To tackle this issue, I suggest addressing it in the following two points: the first point is related to accessing national procedures and recognition of foreign procedures, and the second point is concerned with the competing procedures of business difficulties at the international level.