Sales contracts are governed by articles 478 to 717 of the DOC. Their formation requires agreement on the thing and the price. For real estate sales, a notarial or adoulary writing is required, as well as registration at the Land Registry for registered properties. The warranty against eviction and against hidden defects are matters of public policy — their total exclusion is not valid.
Lease contracts (residential, commercial, rural) follow specific rules depending on the nature of the premises. Commercial leases fall under Law 49-16 on commercial leases, which enshrines the right to renewal and eviction indemnity. Residential leases for housing are governed by Law 67-12. Drafting the duration clause, rent revision and termination conditions is crucial.
Commercial contracts — distribution, franchise, commercial agency, services, partnership — combine the rules of the DOC with those of the Commercial Code. Law 53-95 on commercial agency, for example, grants the agent a contract termination indemnity in certain cases. Franchise contracts require a pre-contractual information document. Exclusive distribution contracts must comply with competition law.
International contracts raise specific issues: choice of applicable law, competent jurisdiction or arbitration clause, contract language, exchange formalities. Morocco has been a party to the Vienna Convention on the International Sale of Goods (CISG) since 2019 — a major development for exporters and importers. International arbitration, governed by Law 95-17, is increasingly used for cross-border disputes.