Commercial Code in Morocco
Article 5 of the royal Dahir that created the commercial Court specifies the lawsuits that can be brought in the commercial court and they are the following:
1) All the disputes that are about commercial contract must be brought in commercial court: banking, shipping contract. 2) The dispute related to commercial papers such as checks, letter of exchange (traite) 3) The disputes that arise between merchants related to their commercial activities. 4) The dispute between partners in a commercial company.
5) Disputes related to: “le fond de commerce” it is separate from ownership of the property and can be registered in the commercial court. The exceptions are:
1) All car accidents do not go to commercial court. These cases will be decided by the lower court where the accident takes place. 2) All labor dispute cases will not be decided in commercial courts. Article 6: States that if the amount of the dispute is 900 DH or less, then the decision of the commercial court is final. 2 years ago, the Moroccan parliament through its own houses passed a law that increased this amount to 20000dh
Article10: gave the authority to the criminal court of where the defendant resigns (his address)
Article 13: the lawsuit is brought in the commercial court by a written opening statement; he must hire a lawyer accepted to practice law in Morocco
Article 18: Mentions the period for appeal in commercial courts within 15 days starting the day of notification.
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