Дисертації з теми "Droit de la famille marocain"
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Lamaddeb, Badreddine. "Le traditionnel et le moderne en droit marocain de la famille." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10044/document.
Повний текст джерелаOn 5 February 2004, the new Moroccan Family Code came into force after being unanimously voted by the Parliament. This reform is a major event in the history of Morocco and a pioneering experience which begins to serve as a model in the Arab and Muslim worlds. It caused within Moroccan society a radical change because it was unthinkable to touch the Moudawana. Discrimination and inequality against women and girls in the former text have been justified by reference to the rules and laws of classical fiqh which often incompatible with social reality. To establish the modernist and democratic choice in a changing society, the Moroccan legislator desacrilizes this subject to meet the demands of modernity and safeguard the stability of the family unit. The reform has a Muslim base, but it opens itself to changes in society by renouncing all concepts that undermine the dignity and humanity of women and by providing basic guarantees to strengthen the legal, judicial and administrative protection of the family institution. The new Family Code also brings a change for Moroccans living abroad who were, under the old Moudawana, found in weak legal situations. The reform will reduce opportunities for conflicts in the Moroccan-European relations but without completely removing them because the attachment to certain rules of Islamic law may seem like an opposition factor between a religious system and a secular one
Selmaoui, Hasna. "Le droit civil marocain : entre droit musulman et droit français." Toulouse 1, 2006. http://www.theses.fr/2006TOU10046.
Повний текст джерелаDaoudi, Zaynab. "La polygamie et la répudiation en droit marocain et dans les relations Franco-marocaines." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20024.
Повний текст джерелаThe reception of polygamy and repudiation by the French international legal order has evolved, fluctuating between tolerance and rejection. Placing us in the specific context of French-Moroccan relations, we have sought to verify to what extent the reform of these two institutions, introduced by the new Code of family in Morocco, could provide them a better reception. But before, we thought it useful to review their history and their evolution under Moroccan law. Then we reviewed the difficult course of their " immigration " in France, the different jurisprudential dislocations that they underwent, and the more severe intervention of the public order now based on respect for such fundamental rights as dictated by the ECHR.Far from resolving all disputes in this area, the French - Moroccan agreement of 10 August 1981 revealed its shortcomings and limitations. The ambition of this work was then to offer some solutions inspired for some of them by the doctrine, such as the adoption of new substantive rules or the theory of reciprocal accommodations
Sfendla, Dyaa. "Couple et Famille : Étude comparative des systèmes juridiques français et marocain." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0110.
Повний текст джерелаThe consecration of the legal notion of couple by the law of November 15th, 1999 allowed the recognition of new forms of conjugality within the Civil code. To the legitimate family formerly valued by the Napoleonic code succeeds a family constituted by a couple, married or not, by a different or same-sex sex. If the recognition of the autonomy of the notion ofcouple emanated from a will of adaptation of the law to the facts and the new values of the society, the recognition by the legislator in 2013 of the marriage between same-sex people attest of an ongoing process of dematrimonialization of the family law. It seemed useful to put in perspective the evolution which knew the French law on the subject. In this respect,the compared approach reveals the contradictions and the assets of the conceptions renewed of the couple and the family.Especially, she allows to open on another way of conceiving the family relationships, particularly within the Moroccan legal system which knows number of social transformations. The attention had too much concerned the differencesbetween the western legal systems and the systems of Islamic inspiration in family subject, without being interested in their underlying causes. Such an attitude takes away from the comparative approach and encourages a one-way reception of a legal system by the other one. The choice of Morocco as country of comparison is not fortuitous. The latter proceeded in 2004 to the reform of the family law by paying a particular attention on the requirement of equality. All the challenge for the legislator is to set with the modernity by adapting the right to the evolutions of the society, in the respect for the foundation of the political and social system: the Islam. The study of the rights of the family of both legal systems has not for object their rapprochement, because the answers brought to the family question are not the same. However, the individual remains at the heart of the reflexion, and the rule of law is called to assure its classic function of organization of the society. It is more a question, in this work, of building a bridge to favor a communicability betweentwo different legal systems
Moufadil, Ouiçal. "L'évolution du droit de la femme au divorce à l'épreuve de la pratique juridiciaire en droit marocain." Perpignan, 2014. http://www.theses.fr/2014PERP1191.
Повний текст джерелаThe Moroccan Family Code, which entered into force on 5 February 2004, encompasses all aspects of individual rights: marriage, filiations, divorce…It was drafted through the impetus given by the King Muhammed VI, with the desire to comply with international treaties signed by Morocco, with respect to Moroccan cultural traditions based on Islam. Substantial reforms have thus been adopted with a modern wording enshrining equality between men and women. The institution of divorce has thus been modernized in order to address the blatant inequality that existed between spouses in relation to the dissolution of matrimonial ties. The legislator has sought to establish a certain balance in favor of the wife who had an illusory divorce right under the empire of the former codifications. The New Family Code has certainly brought a substantial improvement to the right of Moroccan women to divorce through the judicialisation of this institution, through the institution of divorce on grounds of discord (shiqaq), through the broadening of grounds for dissolving matrimonial ties in favor of the wife… The benefits are very important; however their effectiveness essentially depends on the interpretation of the judges and their ability to evaluate each situation. After years of implementation, it would be opportune to consider the concretization of the Moroccan woman’s right to divorce by analyzing the achievements and efficiency of Moroccan judicial authorities in this matter. The present thesis has endeavored to study the evolution of the right of women to divorce to the test of judicial practice under Moroccan law
Boussahmain, Rabia. "Le divorce pour discorde en droit marocain sous le nouveau code de la famille." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0004/document.
Повний текст джерелаRestoring the equality disrupted between spouses is one of the big issues which motivated the claims to reform the family code in Morocco.The new divorce on the ground of discord is to grant women the right to free herself from the marriage bond without providing a cause, same as the right of men of repudiation.The discord procedure, which is purely religious, aims at answering the religious terms of reference and restoring the equality between men and women when the marital bond is terminated.However, the legislative regulation in this institution hides a consensus between the two parties: conservative and traditionalist vrs the one in favor of promoting women’s right. This affect the practice of the law case and the apprehension of doctrinal nature of the divorce procedure. It also presents a threat to the classic causes of divorce and even to the repudiation
Gorfti, Ilyass. "Le mariage et le ministère public, partie principale : une étude de l'évolution du droit marocain à la lumière du droit français." Thesis, Toulon, 2013. http://www.theses.fr/2013TOUL0069.
Повний текст джерелаThe family law has been contracted, and is giving more importance to individual wills. Since marriage is a very important act, the state always has to intervene in this subject. The institutional dimension of marriage reflects the controlover marriage and family matters from the public prosecutor. Since 2004, the public prosecutor represents one of the most important parties in Moroccan family law. He can take anyaction to reinforce the provisions of the Family law. The external observer could only be pleased by such a reform. However the provisions of the family law remain contradictory. Article 3 of the Family Code, and the Article 9 of the Civil Code Procedure, promulgated two texts on the same day that are contradictory. It is clear that marriage and public prosecutor raise many questions. Generally, what is the current status of these two institutions and how do they progress? this question is precisely what our work aims to answer. To carry out our study, it was important to focus on the solutions founded by French law, when it faced issues similar to those that Moroccan lawis currently dealing with
Akhdi, Si Mohamed. "Le divorce en droit international privé : approche juridique entre le système français et le nouveau code marocain de la famille." Nantes, 2015. http://www.theses.fr/2015NANT4011.
Повний текст джерелаMazouz, Asmaa. "La réception du Code marocain de la famille de 2004 par le droit international privé français : le mariage et ses effets." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA028/document.
Повний текст джерелаThis work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems
Ben, Zliha Mariam. "De la discursivité du droit de la famille marocain sous Mohamed VI : une orientation politique du processus des réformes et sa représentation." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA010.
Повний текст джерелаThe question of the status of women is often treated in terms of clashes between conservative and modernist currents, and it is uncommon to find an option which does not fit into religious fundamentalism or Western mimicry. However, despite the dominant role of the Moroccan monarchy in the field of family law, and the evolving role of Moroccan Islamism, it is possible to reconsider the debates on legislative reforms and the principle of equality within the family. The traditional analyses that oppose Islamism to feminism can be surpassed through the creation and development of an endogenous and local feminism that questions gender relations at work and patriarchy, and where islamism is not excluded. This involves questioning the grids of binary analysis that oppose modernity to tradition and give up the excessive use of these notions in an antagonistic sense. Our research seeks to emphasize the importance of a multidisciplinary approach since feminist issues are, in our context, at the crossroads of politics, theology and law. The analysis of political, legal, militant and academic discourse involves the analysis of the role of the state in the production of the legal norm, as well as the position of Moroccan Islamist and feminist currents. The purpose of our thesis is to begin a deep reflection on the French-speaking intellectual production about Moroccan family law and the different positions that fall within this framework
Assakour, Ahmed. "Le président du conseil d'administration de la société anonyme familiale en droit marocain." Perpignan, 2004. http://www.theses.fr/2004PERP0566.
Повний текст джерелаThe public limited company presents the company form whose operating is the most regulated. The doctrine and jurisprudence consider that the public limited company is giverned by a particularly demanding principle : that of hierarchy of the bodies and separation of the powers. This principle, wich is the expression of the institutional conception of the company, forbids the managers to confer on themselves prerogatives that are legally alloted to otheer bodies of the company. However, in family public limited companies, these rules of procedure are ignored if not to say nonexistent in actual practice, and the respect of official legislation is limited to formal aspects. The access to shareholding which is governed by being a menber of the family clan gives to the board of directors the aspect of a family council. Thus, in public limited companies law attributes to the board of directors the most extended powers to act in any case on behalf of the company. However, paractice leads to entrusting the actual management of the company to its representative, the president of the board action of the collegal body becomes in such conditions subsidiary. Neveretheless, this outline is certainly not applicable to the family public limited company in which powerless president of the board of directors acts as "spokesman"or representative of the company towards third parties. The president must act while recpecting a company famikly board in which the power of founding father is reinforced by family solidarity
Corso, Cécile. "Les conventions bilatérales franco-marocaines à l'épreuve de l'européanisation du droit : Étude de droit international privé de la famille." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3046.
Повний текст джерелаThe French-Moroccan agreements of October, 5th 1957 and August, 10th 1981 establish the base of the bilateral cooperation between French and Moroccan States in the field of private international family law. Negotiated several decades ago, they have for objective to guarantee to the nationals of both States the application of their personal status on the territory of the other State and to insure the protection of the children and the maintenance creditors. These conventions however came up against the differences existing between the French and Moroccan legal orders. The increasing Europeanisation of the private international family law invites to wonder about the place left by European laws for the application of the French-Moroccan bilateral agreements. The applicability of the French-Moroccan conventions is put to a test by the increasing influence of the European regulations articulated with the Hague Conference’s conventions. When they are applicable, the French-Moroccan agreements are submitted even there to European laws. Then, the influence of European law can serve the conventional objectives and carry the French-Moroccan agreements towards more efficiency, or bend the bilateral obligations when the European values are questioned
Lahrichi, Saâd. "La mission des notaires français et marocains : étude de droit comparé." Montpellier 1, 2006. http://www.theses.fr/2006MON10011.
Повний текст джерелаChabi, Driss. "Les relations franco-marocaines de droit international privé depuis la la loi du 11 juillet 1975 sur le divorce." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30020.
Повний текст джерелаThe problems of coordination between the moroccan and french systems of private international law come as a result of the differences existing between their legislations concerning the personal status on the right of the family. In the case of the moroccan law the issues of personal law status stand in solidarity with religious rules that prohibit the mariage of a Moslem woman to a non-moslem man, the ignorance of natural children, and the free union. Also for religious consideration these rules ignore the adoption of children. In the french law the wives are treated equally like men in the case of mariage, and divorce. This egality includes also the natural and the adopted children. These difficulties provoque many problems and conflicts between the two kinds of law. The french-moroccan relations will face a difficult test when the french law of the 11 july 1975 apply the french rules on all foreign marrierd couples residant in France. For coordinating between their laws Morocco and France signed on 10 august 1981 a convention concerning the status of individuals and the family and juridical cooperation. The issues being considered in these rules are the state, the capacity, the mariage and the divorce and the keeping of children. In these new rules, they favorise the application of national rule in order to conserve fondamental principals of their national identity. This respect of personal status leads naturally to minimize the exigence of the public rule. The convention establishes in the other hand a system of juridical cooperation in order to facilitate and to assure exercising the right of guardien, visit and the payment of alimentary pensions
Abida, Aouatif. "Le recours à une convention bilatérale dans les relations familiales internationales : l’exemple de la convention franco-marocaine du 10 août 1981 relative au statut des personnes, de la famille et à la coopération judiciaire." Paris 8, 2009. http://www.theses.fr/2009PA083716.
Повний текст джерелаThis research takes account of the Franco-Moroccan Convention of 10 August 1981 on the status of persons and the family and on judicial cooperation. Within the framework of international family relations, this Convention was the first agreement between a country with a religion-based legal system and another with a secular legal system. The extent of the Convention is not as large as its title may suggest. The first section of the study establishes its scope and presents an overview of its application in France and in Morocco. It also addresses the deficiencies of the text and of the considerable difficulties resulting from the absence of legal consensus between French and Moroccan rights. The second section offers solutions to the different deficiencies. It also considers the future of the Convention from the perspective of conciliation of those rights conceived of as the imperative of fundamental rights with other rights formed out of religious fundamentals. The aim of the research consists then of offering a coherent representation of the status of persons having contacts with the two legal systems, by means of a delicate balancing act
Mokhtari, Abdelkader. "L'extradition dans le droit marocain." Nice, 2011. http://www.theses.fr/2011NICE0029.
Повний текст джерелаToday, extradition remains a convenient, necessary and effective international cooperation for criminal prosecution and punishment of common criminals, however this mechanism can be regarded as the most advanced and most effective arsenal of technique legal cooperation in criminal internationalExtradition is both an act of sovereignty and diplomatic and a measure of criminal procedure interétatique. It’s a means of law in international criminal cooperation. Indeed, the Kingdom of Morocco spares no effort to better international cooperation to fight against various forms of crime including organized crime and terrorism. .
Doss, Bennani Rachid. "Le franchisage en droit marocain." Perpignan, 2003. http://www.theses.fr/2003PERP0564.
Повний текст джерелаAfter having emphasising on the advantages and disadvantages of franchising, the author tackles in the first part of his study the legal nature there of by adopting a conceptual and comparative analysis of the system. The method adopted analyses in the first part the franchise contract (terms of realisation, validity ; termination) and on the second part, the author deals with the franchising transaction, its legal regime and the law in force in case of disputes
Hamdouchi, Miloudi. "Le délit de presse : droit marocain et droit français." Perpignan, 2001. http://www.theses.fr/2001PERP0668.
Повний текст джерелаThe theme of this study deals with violations of the press laws in Morocco and France. The approach regarding the lexicon and stipulations aimed at studying the formal texts, extract the original meaning_ the legislator's intention with a view of isolating (theoretically) the violations, define the components, lay out the offence and show the consequences resulting therefrom. The problem was veiled or shown through as watermark along the progress of the work:is the press law a "regulator" between the necessity to "inform" and an abuse always possible? From textual dogmatism to set of themes appears a specific system distinguished by the nature of the applicable law and an arsenal of responsabilities in stream
Ounnir, Abdallah. "La Sanction en droit pénal marocain." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37617239v.
Повний текст джерелаIbn, Khaldoun Bahya. "La prévoyance sociale en droit marocain." Perpignan, 2002. http://www.theses.fr/2002PERP0943.
Повний текст джерелаOunnir, Abdallah. "La Sanction en droit pénal marocain." Toulouse 1, 1988. http://www.theses.fr/1988TOU10034.
Повний текст джерелаThe legitimacy of the penal intervention is currently being questioned. In western countries those who advocate penal repression oppose those who would favour the very abolition of criminal law. In islamic countries, since the beginning of the iranian revolution, we have been witnessing a revival of the metaphysical and religions consensus in the field of criminal law. Fundamentalists do refer to an order superior to the social one to convince both the offender and the judge that the ponalty imposed is fair. Criminal law was customary in pre-islamic morocco. Then it was turned into koranic following the arabic invasion. During the protectorate years, progress was nationalized and islam modernized. Today modernity is to be islamized and an absolute morality is to be founded facing the human diversity
El, Ktini Hassan. "Les dépenses fiscales en droit marocain." Thesis, Université Grenoble Alpes, 2020. http://www.theses.fr/2020GRALD002.
Повний текст джерелаAbstractFor the purposes of economic incentives or social equity, the Moroccan tax system has always had exemptions aimed at reducing the tax burden of certain categories of taxpayers or sectors of activity. These derogations represent a considerable loss of revenue for the state budget, as are budgetary expenditures. It is for this reason that they are called "tax expenditures" because they represent, in fact, a tax product that the State has waived to collect without however ensuring the achievement of the objectives assigned to it. Unlike budget expenditures, these tax expenditures are not subject to quotas. They are not subject to the same control and monitoring rules as budget expenditures.However, according to the latest report annexed to the budget bill of the 2018 budget year the overall amount of the shortfall for the treasury is 34 MDH. This staggering amounts to a few differences, to the overall amount of the budget deficit recorded the same year.To stick to a purely accounting reading, to mop up the public deficit, it is enough to make a clean sweep of all the derogatory provisions undermining the Moroccan tax system and make this rejection in one block with two birds: on the one hand, to stop the costly drift contributing to the widening of the budget deficit; on the other hand, to put an end to the nebulous world of tax expenditures, which calls into question simple and effective simple taxation.But to advocate such an alternative proves to be simplistic and reduces the extent of the issue of tax expenditures. To project, thus, to get rid of all the derogatory arsenal without discernment, it is to question the role conferred with the tax since always, that of instrument of public policy ultimate.Moreover, according to the rules of good governance, any government intervention in the management of public affairs should be effective. To do this, the government, when implementing its economic and social development program, should use the most appropriate and most conducive instrument in terms of performance, but especially at the lowest cost to the community. Thus, and whenever the public authorities resort to the tax expenditure and not to the traditional budgetary expenditure, one would understand that this choice was dictated to them by the feasibility study which would have been carried out before the decision making. The conditional used is by no means insignificant because in the current state of things, the approach thus set out is only wishful thinking. The rationality of tax expenditures is nevertheless one of the flagship recommendations of the National Tax Conference held in 2013. It is therefore a question of assessing the degree of implementation of this recommendation which forced us to review the five finance laws that have succeeded the National Tax Conference in question.But before approaching this stage of analysis, it seemed to us indispensable, given the confusion and the conceptual and juridical vagueness surrounding the notion of tax expenditures, to contribute to giving a definition, now missing in Moroccan tax literature. To do this, we first tried to return to the original version of the concept of tax expenditures as it was coined by its designer Stanley Surrey. This retrospective analysis allowed us to note the conceptual slippage and misuse of language that this notion has experienced. Subsequently, we considered it useful to review the Moroccan management of tax expenditures as well as its imperfections and defects.In conclusion and in order to make a contribution, a clear and concise definition and several recommendations have been proposed in order to rationalize the incentive system by imposing strict and mandatory control and monitoring rules so that the expenditure public is no longer synonymous with the waste of public money.Keywords : Budgetary expenditure, tax expenditures, exemptions, exemptions, budget law, corporation tax, income tax, value added tax
Jdaini, Bouchra. "L'arbitrage commercial international en droit marocain." Perpignan, 2004. http://www.theses.fr/2004PERP0612.
Повний текст джерелаArbitration is the institution by whish, justice is withdrawn from the recognition of the states judges, entrusted on a common agrement of the Parts to private people. In Morrocco, the existing standards are varied to constitute a harmonious legislation on the matter. The present civil code procedure is satisfied with somme extermely incomplete, if not weak provisions, to establish a suitable legal status. They are not the standards like the international parctices of commercial arbitration wich can constitute a substitution acceptable and valid for being equitable
Ezzabdi, El Mokhtar. "La normalisation du droit bancaire marocain." Perpignan, 2011. http://www.theses.fr/2011PERP1047.
Повний текст джерелаHatimy, Farid. "Les épaves maritimes en droit marocain." Université Robert Schuman (Strasbourg) (1971-2008), 1988. http://www.theses.fr/1988STR30009.
Повний текст джерелаThe maritime wrecks are closely linked to the notion of property-liberty as well as to the questions of security of navigation fishing industry and marine environment. That what we notice about these wrecks (ships and marchandiseswrecks) are two specific aspects of their juridical status. It's on one hand a matter of the relative aspect to the settlement of the private interests linked to the settlement of the public interests endangered by these wrecks (especially the hazardous one). From these aspects, the double mission of the authorities comes to light, being charged with the management of the maritime wrecks and the maritime public ownership. Indeed these authorities intervene not only to save the owner's rights against any risks of usurpation and the rescuer's rights against the risks of losing his rescuing expenses, but also to protect the community's rights agains any imminent danger caused by these wrecks. In order to accomplish this goal, only exorbitant powers of the common law could help these administrations to reach this goal which is the research and the saving of a balance between these different interest
Maury, Olivia. "Famille et droit pénal." Paris 2, 2006. http://www.theses.fr/2006PA020045.
Повний текст джерелаZirari, Devif Michèle. "La formation du système pénal marocain." Nice, 1989. http://www.theses.fr/1989NICE0014.
Повний текст джерелаNineteenth-century Moroccan criminal law was, in theory, Islamic law. In fact the penal system was complex: Islamic law, largely ineffective, was supplemented by Berber customs and traditions, and the executive power played a large part in administratering criminal justice. The existence of consular courts in morocco was a further complication. The protectorate instituted a modern French-style legal system, with "French courts", to deal with foreigners, but Moroccans were still judged by makhzen courts, the system thus officially recognizing the pashas' and caids' judiciary powers as executive agents. Islamic criminal law lapsed, and France’s Berber policy caused customary law to decline further. In 1953, a reform of the makhzen judiciary system was begun, but it was never completed; the confusion of powers remains general. After independence, criminal justice was completely reorganized, bringing about the separation of powers, independent courts, French-type laws and the unification of justice. But, even in the new imported system, traditional forms of thought and behavior persisted, and they explain the evolution of Moroccan legislation and the functioning of the legal system
Marzouk, Mounir. "La faute grave du salarié en droit comparé : droit marocain - droit français." Perpignan, 2006. http://www.theses.fr/2006PERP0730.
Повний текст джерелаThe first part of the thesis is devoted to the determination of the concept of fault serious, it is divided into two chapters:: the conditions of the calling into question of paid (chapter I) are articulated between the conditions of existence of the fault, the liable abuse right to be made by the employee, and the role of the circumstances in the appreciation of the known as fault. The observation of the serious fault (chapter 2) is analyzed on the one hand in comparison with the capacity of observation which the employer has who bases himself on theoretical and practical bases, then in addition in comparison of the means and the burden of proof which must make it possible to the judge to judiciously qualify the faulty act. The second part is devoted to the effects of the serious fault, which are obviously the suspension of the working relationships (chapter 1) which are doubly appreciated: by its immediate character and the sasine of the court. Then, the legal control of dismissal (chapter 2) is analyzed in comparison with the basic judge who has within this framework a sovereign capacity, nevertheless subjected to the control of the supreme court
Belbesbes, Boujamâa. "L'influence du droit musulman sur le droit international privé marocain." Perpignan, 2002. http://www.theses.fr/2002PERP0417.
Повний текст джерелаThe influence of islamic law on Morroccan international private law clearly appears in the personal status. It affects as well nationality as conflicts of laws and show the gender inequality established by classical law at the level of national law. Studying the nationality, not only islamic conception of morroccan nation, this influence is translated by the impossibility of morroccan women to give her own nationality neither to her children nor to her foreign husband. At the level of conflicts of laws, this influence becames the protection of morroccan status and acceptance of morroccan law by foreign muslims
Tijani, Abdelmajid. "Le secret professionnel en droit marocain et en droit comparé." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0013.
Повний текст джерелаProfessional secrecy is a concept that has known unprecedented success in most countries worldwide. It has been generalized to all professions and areas such that it has become an indispensable tool for all sectors. For this reason, the legislature has placed professional secrecy on a privileged level of the legal arsenal. Our Positive Law, drawing on the laws of democratic countries, lays down special rules applicable to the obligation of professional secrecy. Indeed, Article 446 of the Moroccan Penal Code establishes the general principle of confidentiality. It imposes on professionals a general obligation not to disclose customers’ secrets to the public. This legal obligation relates to public order; from which we cannot derogate. The implementation of the general rule of professional secrecy allows exceptions in certain cases expressly and restrictively defined by law or expressly provided by parties in their agreements. These obligations are generally drawn up for administrations, administrative and judiciary authorities, communities, government departments and agencies. Apart from these legally prescribed and limited cases which authorize disclosure of professional secrets, thereexist other instances which permit the lifting of such secrets, without, however, engaging the liability of the confidant.This could be applicable to the infraction of money laundering and to the field of new information and communication technologies, commonly called the Digital Domain. The violation of professional secrecy by an agent of the Administration entails the execution of penal sanctions and, eventually, civil penalties, without prejudice to disciplinary sanctions forviolating professional secrecy
Kardoud, Mehdi. "Le capital social de la société anonyme en droit marocain : contribution au développement du droit marocain des affaires." Perpignan, 2002. http://www.theses.fr/2002PERP0563.
Повний текст джерелаAs the product of a slow transformation of commercial law, corporate law is gradually asserting itself in order to accompany the profound changes Moroccan economy is going through. In addition to using high technological means, economic operators have abandoned the age old individual enterprise in favour of a corporate system for their activities. And if small enterprises are a quasi monopoly of limited companies, medium-size enterprises and especially big projects are a major preserve of public companies. Toward the end of the 1980's, Morocco decided to upgrade its corporate law using the standards of developed countries. The ensuing reform of the tax system, of the stock exchange law, and more recently of the commercial law, competition law, law on protection of industrial property and corporate law, confirms the irreversibility of such a choice. In the framework of this legal revolution, the publication of Law 17-95 on public companies was long awaited by the business world because the older legislation governing this form of corporation was no longer adapted to new requirements. However, it has regretfully been observed that this law has not met economic operators' expectations and as such already needs to be further amended to be in step with its socio-economic environment. Will this reform take place within the framework of the harmonization process as required by Land ownership Law and by Law of contracts?
Bouayad, Mohammed. "L'Assistance maritime en droit français et marocain." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb37603205c.
Повний текст джерелаHAMZI, ZINER IDRISSIA. "Le contrat d'assurance maritime en droit marocain." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32020.
Повний текст джерелаHousni, Mohamed. "La répression des fraudes en droit marocain." Paris 10, 1986. http://www.theses.fr/1986PA100067.
Повний текст джерелаThe repression of fraud in commercial activities has held an important place in Muslim societies. The moral law of the coran and the hadiths impose the imperatives of contract loyalty and denounce fraudulent methods used by the merchants to hide the faults in their merchandises. For the centuries the mohtassib played a very important role in the control of commerce, both before the sale and at the moment of sale. At the beginning of the 20th century, the traditional structures and particularly the practice of the mohtassib proved to be no longer sufficient. This appeared the dahir of October 14th 1914 which remained the force up to 1984, more precisely up to October 5th 1984 when the law, constituting today's reference text on the field of the repression of fraud, was promulgated. The texts relating to commercial fraud are articulated around two main axes with two essential goals. 1 the protection of the health of the public. 2 the loyalty in commercial proceedings as much vis à vis the honest merchants who should not be deprived by the unscrupulous practices of some of their competitions as vis à vis the consumers, very often impoverished by the intrigues of professionals. We have studied the infractions, sanctions and procedures specific to the Moroccan legislation arising out of what is contained in the dahir of 1984, and articles of the dahir of 1914 which were not repeated, underlining, when that appeared necessary to us, the contributions of the new law and comparing with French law. The last chapter is devoted to the regulatory texts related to the various categories of products
Yahia, Mohamed. "La notion d'autorite administrative en droit marocain." Paris 5, 1991. http://www.theses.fr/1989PA05D008.
Повний текст джерелаThe research is in tow paris : the first one concerns an attenpt of identification of the notion object of the research by reference to a set of hypothesis whictch more or less have a direct or an in inderect link with the concept of the administrative authority sach as the concept of decision or otherwise of herarchic power. . . Stage that the absence of any legal definition of the notion of administrative authority in morocco does not facilitate. . . The second part concerns a technico jurical developement. It's a part in which, it is proceded to a definition of the administrative authority starting four three constants: - the first one of moral personnality; - the second one of legal reprentation and of regulation power. This factor wges us to co conceive and adminitrative authority in marocan law as fallows. Is administrative authority in morocco, any representative of a moral person of public law invested in exercise of his attributions of a regulation power
Bouayad, Mohammed. "L'assistance maritime en droit français et marocain." Nantes, 1987. http://www.theses.fr/1987NANT4007.
Повний текст джерелаTwo big points are under examination in this comparative thesis -first the definition and the limits of the maritime assistance; it is necessary to distinguish it from other institutions; the limits of this assistance with the specific problem of the help to people are a second sort of question; a third chapter insists on the conditions to give the qualification of "assistance" to an intervention. - the second part examines the payment of assistance: nature, technics (contract, fixation by external people), persons that can receive or pay this remuneration, intervention of insurance companies, securities for the creditor, problems of judicial nature (what law is applicable) and endly liability when a fuel pollu- tion occurs in an intervention of assistance
Abdelfattah, Eddahbi. "Les biens publics en droit administratif marocain." Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D009.
Повний текст джерелаZouhry, Leila. "La Société en formation en droit français et en droit marocain." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37610967b.
Повний текст джерелаHouem, Maria. "L'expropriation en droit marocain : affirmation ou négation du droit de propriété." Perpignan, 2000. http://www.theses.fr/2000PERP0950.
Повний текст джерелаZouhry, Leila. "La société en formation "en droit français et en droit marocain"." Paris 13, 1987. http://www.theses.fr/1987PA131003.
Повний текст джерелаOnce definitively conceived, an active business is a legal body and is judiciously recognized as such. But what form did the company take previously ? the company will not simply appear, complete in it's final form, responsible for acts made previous to its full development. No, the organisation's various aspects must develop little by little. During this period of development, the company founders will see to the different formalities the law oversees for the company's benefit. But the company must necessarily complete a number of judicial steps that are essential to development. These steps, carried out when company is not yet developed to il's fullest capacity, are interesting from two points of view : theoretically it becomes necessary to determine in what capacity a developing company can be responsible for past transactions made under its new legal name. On a practical level it's important for the partners to know if they can do business under the developing company's name, thus using their full potential when dealing with individual or large scale companies without waiting for legal finalities. To determine the outcome of these engagements several solutions have been proposed. But before beginning this study, we will attempt to know what the conditions and judicial statutes of the company were during it's development, thus establishing the judicial support for legal requirements previously agreed upon. It is in one's interest to examine the regulations, laws and options that tend to reaffirm themselves during the development period. They are born from necessity throuth company contracts, notably the interrelations between the business partners, between the partners and the underwriters, between the underwriters themselves, and finally the relationship between the developing company and it's bank
Feddal, Francis. "La famille en droit fiscal." Paris 5, 1992. http://www.theses.fr/1992PA05D002.
Повний текст джерелаThis thesis deals with the changes affecting the family in the fiscal field. These changes vary according to whether it concerns income tax, solidarity tax on personal fortune or death duties. With regard to the tax on earnings, the family is taken into account as an entity but with this particularity that the legitimate family is treated differently than the natural family. When it deals with the legitimate family, the global earnings of all the household members are taxed and thus benefit from the family quota, but the concubine household is not considered as an entity and thus does not have a right to the family quota. In the field of solidarity tax on fortune, the family is taxed by household but, paradoxicaly, the unmarried couple is treated in the same manner as the legitimate family. This tax only affects a physical person whose fortune exceeds 4. 390. 000 f. For death duties, the tax varies according to the degree of family ties between the deceased and his inheritors or heirs, the surviving partner is treated as a complete stranger
Mahjad, Bouchra. "Le déséquilibre contractuel en droit marocain : l'apport du droit de la consommation au droit commun des contrats : approche comparée des droits marocain et français." Perpignan, 2014. http://www.theses.fr/2014PERP1179.
Повний текст джерелаIn the general theory of contracts, a commitment made by consenting parties is deemed inviolable. The legislator takes the contractor’s consent to be a necessary condition, and hence takes measures to protect contracting freedom and to maximize the binding force of the contract. However, the issue of prior consent is becoming problematic with today’s economic changing realities. There have emerged new types of unilaterally pre-formulated contracts which do not allow for any prior negotiation whatsoever, a fact which has urged the introduction of the Consumer Law that is meant to protect the rights of the weaker parties. This new law is more concerned with the identity of the contractors than with the nature of the contract. This law is therefore based on a new conception that seeks to guarantee a contractual and economic balance among contractors. Inspired by the french consumer law, the moroccan consumer law permits the legislator to issue whatever consumer-protecting laws necessary. In any case, however, the consumer needs to be sensitized and well-informed. The moroccan government is thus urged to encourage the creation of more associations for the defense of consumer rights, and to provide them with the financial support needed for them to carry out their mission
Boussetta, Mourad. "La coutume en droit marocain : aspects historiques et contemporains." Lille 2, 1992. http://www.theses.fr/1992LIL20010.
Повний текст джерелаThis thesis attempts to determine the status of custom as a source for moroccan law in the past and the present. In the past, moroccan lawyers postulated that traditionnal law prior to the french protectorate was islamic law issued from the revelation. We shall discuss this hypothesis. Customary traditions have not only remained as an autonomous source for law, but they have also imbued muslim law to such a degree thatwwe can speak of a specifically maghreban or moroccan law; the most plausible manifestation of this osmosis between customs and muslim law is the "'amal", (i. E, a set of practices and precedents in use in law courts). This original creation confirms the legitimacy of custom as a source for law and shows how law evolues. We shall then analyse the contemporary era, that is from the french protectorate up till now. The french protectorate introduced law while regulating, stratifying the traditional law orders (islamic, berber, hebraic laws, each system having its laws and its courts). Family law was taken from malikite law, whereas the other these systems urgently. Family law was taken from malikite law, whereas the other laws were essentially inspired by the 1913 codes. In doing so, the moroccan legislators scarcely gauged the real needs of society, and it is not surprising that the legal system should suffer from this. We can assess the survival of customary law
Baniyahya, Abderrahman. "La Séparation des pouvoirs en droit constitutionnel marocain." Lille 3 : ANRT, 1985. http://catalogue.bnf.fr/ark:/12148/cb37594098k.
Повний текст джерелаBouknani, Ahmed. "Le crédit à la consommation en droit marocain." Perpignan, 2006. http://www.theses.fr/2006PERP0656.
Повний текст джерелаDahraoui, Omar. "Le pouvoir discrétionnaire du juge en droit marocain." Perpignan, 2004. http://www.theses.fr/2004PERP0548.
Повний текст джерелаThe first part of thesis focuses on the discretionary power of penal judge in regards to the qualification of criminal act, punishment evaluation (Chap. I) as well as evidence (Chap. II). As for the second part of work, it deals with the judge summing up power in contractual field, delictuel civil responsability (Chap. II) under the supervision of the supreme court
Yagou, Abdellatif. "Le notariat en droit marocain : tradition et modernité." Perpignan, 2006. http://www.theses.fr/2006PERP0657.
Повний текст джерелаAmehmoul, Said. "La saisie conservatoire du navire en droit marocain." Perpignan, 2003. http://www.theses.fr/2003PERP0479.
Повний текст джерелаFor the conservative arrest of ships, it's necessary to determine : - the applicable law : the 10th of may 1952 Brussels convention or the 31rd of march 1919 law, the claimant who can practice an arrest : allegation of maritime claim or good arguable case, - the ship that may be arrested : the ship in respect of which the claim arose , sister ships, chartered ship, ship ready to sail, tool ship, state ship, - the link between the ship and the deptor : action in rem or action in personam, - the procedure relating to arrest, - the protection against arrest : realise of a ship from arrest, claimant's responsibility
Naour, Abdennabi. "L'administration de l'immeuble en copropriété en droit marocain." Perpignan, 2001. http://www.theses.fr/2001PERP0401.
Повний текст джерелаAt the dawn of the 21st century, the is a habitation mode practiced very much in most of the countries, like Morocco where great building projects are in course of realization. At the structural complexity of the joint-ownership building corresponds a diversity of prerogatives exercised on the common parties and prevatives and hence.
Guibert, Georges. "Des CLAUSES D'IRRESPONSABILITE EN DROIT PRIVE MAROCAIN : comparaison avec le droit francais." Paris 5, 1990. http://www.theses.fr/1990PA05D001.
Повний текст джерелаThe irresponsibility clause is fundamentally analysed not as an agreement about the fixing of obligations or the modes of responsability but as an agreement about damages. Therefore, the principle of the validity of the irresponsibility clause must be accepted even thow the damage affected the individual because it doesn't at all allow negligence, it goes against its subject as well as the criminal law's action through the principle of the unity of offence. It's the solution of moroccan law. As far as the damage to possessions is concerned, despite both the legal and doctrinal and jurisprudencial clear hostility with notably the tenth of january 1978 law about the consumer protection, tending to reduice it to its most simply expression, the irresponsibility clause seems to find a new strength in the recent evolution of concepts of group of contracts and stipulation for others with expenses. In morocco, in the actual state of legislation and jurisprudence, only the consent defects theory is able to moderate the effects or irresponsibility clauses