Contract Law in Morocco

Contract Law in Morocco

Contracts are the central legal instrument of Moroccan economic life. From a simple sale to an international distribution agreement, their drafting and performance follow precise rules from the 1913 Code of Obligations and Contracts. A specialized lawyer secures your commitments and defends your interests in case of dispute.

Code of Obligations and Contracts (DOC), Commercial Code, Law 31-08 on Consumer Protection Key legislation

Contract Law Lawyers in Morocco

77 lawyers listed in Contract Law on AvocatLib

Safae Sadki

Safae Sadki

Cabinet Me. Safae Sadki•Casablanca

A lawyer registered with the Casablanca Bar, I practise in advisory work and litigation for individuals and companies. I handle family law, real estate law, administrative law, commercial law, civil law and business law, providing rigorous and structured support at every stage of the case.

Business LawFamily LawLabor Law+29
French · Arabic · English · +2
Direct contact only
Ayoub El Mansour
5 years of experience

Ayoub El Mansour

Cabinet Me. Ayoub El Mansour•Casablanca

A member of the Casablanca Bar, Mr. Ayoub El Mansour advises and represents individuals, professionals and businesses in the conduct of their affairs and the protection of their interests in Morocco. He acts both in an advisory and litigation capacity, primarily in business law, with particular experience in commercial law, corporate law, contract law, employment law, real estate and landlord-and-tenant law, as well as white-collar criminal law. His practice includes advising entrepreneurs, incorporating and structuring companies, assisting with day-to-day corporate matters, drafting and negotiating contracts, advising on relationships between shareholders and commercial partners, debt recovery and commercial disputes. He also acts in matters relating to dismissal and employment litigation, leases and real estate disputes, as well as white-collar criminal matters, including fraud, breach of trust and the issuance of cheques without sufficient funds. Having gained experience within business law firms in France, he brings the same level of rigour to his practice in Morocco: a clear assessment of the situation from the outset, practical solutions, negotiation before litigation where it serves the client’s interests, and firm representation before the Moroccan courts where litigation becomes necessary. Each matter is handled with close personal attention, regular updates on its progress and fees agreed in advance on clear and predictable terms.

Business LawBanking LawLabor Law+32
French · Arabic · English · +1
Online booking · no slot in the next 14 daysBook by phone or WhatsApp.
مروان مرابيط
9 years of experience

مروان مرابيط

Cabinet Me. مروان مرابيط•Nador

A lawyer registered on the Roll of the Nador Bar Association, I practise mainly in the fields of business law, criminal law, family law, real estate law and commercial law. Drawing on experience acquired over several years of professional practice, I provide advice, assistance and representation to my clients before the competent courts, as well as handling the various legal issues falling within my areas of specialisation.

Criminal LawBusiness LawReal Estate Law+12
French · Arabic · English · +2
Online booking · no slot in the next 14 daysBook by phone or WhatsApp.
Abdellah Kallouch
7 years of experience

Abdellah Kallouch

Cabinet Me. Abdellah Kallouch•Casablanca

Maître Abdellah Kallouch, a lawyer registered with the Casablanca Bar Association, assists and advises you in your legal procedures, both in litigation and in consultation.

Business LawCorporate LawContract Law+11
French · Arabic
Direct contact only
KANZA TSOULI
10 years of experience

KANZA TSOULI

Cabinet Me. KANZA TSOULI•Casablanca

A lawyer at the Casablanca Bar and Founder of the KTF Avocats law firm, I have for several years been assisting company directors, investors and individuals with their most sensitive legal matters. My practice covers business law in both its advisory and litigation dimensions: commercial law, intellectual property (trademarks and patents), contracts, debt recovery, real estate law and labour law. This dual capability — anticipating upstream and defending downstream — makes it possible to act with a complete view of the case, from the legal structuring through to its resolution before the competent courts. Every case is handled according to the same method: a clear-sighted assessment of the risks, the choice of a strategy suited to the client's objectives, and rigorous execution. Negotiation, drafting and litigation argumentation are approached with the same demand for precision, because that is often where the outcome of a case is decided.

Business LawLabor LawReal Estate Law+10
French · Arabic · English
Direct contact only
Anouar Sadki
7 years of experience

Anouar Sadki

Cabinet Me. Anouar Sadki•Casablanca

Anouar Sadki has been the founding partner of Sadki Law Firm since September 2023. A doctoral researcher in business law, he is preparing two doctoral theses in parallel: one at the Université Paris 1 Panthéon-Sorbonne, under the supervision of Professor François-Xavier Lucas, on the prospects for the development of company law and insolvency law opened up by Morocco's accession to OHADA; the other at the Faculté polydisciplinaire de Béni Mellal (Université Sultan Moulay Slimane), on the handling of the difficulties of SMEs in times of major crises, from a comparative law perspective. The defence of the Moroccan thesis is scheduled for 30 December 2026, and that of the Paris 1 Panthéon-Sorbonne thesis in 2028. His education combines a Master's degree in banking and financial law (Paris 1 Panthéon-Sorbonne), a Master's degree in business law (FSJES Mohammedia — Université Hassan II, top of his class), a University Diploma (DU) in insolvency law (Paris 1 Panthéon-Sorbonne), the Inter-University Diploma (DIU) "Juriste OHADA" and a certification in Contract Law from Harvard Law School — a background completed by a bachelor's degree in law obtained as top of his class (FSJES Mohammedia). His practice draws on some ten years of experience, in both litigation and advisory work. Before his admission to the Casablanca Bar in 2019, he practised for more than four years as an associate in the family firm IFLAH-SADKI Avocats, founded in 1984 — experience since developed between Casablanca and Paris, working with Moroccan, French and American law firms. This dual legal culture, both academic and professional, sustains a demanding, strategic business law practice with a resolutely international outlook.

Business LawBanking LawReal Estate Law+26
French · Arabic · English · +1
Direct contact only
RE
39 years of experience

Raja El Mansouri

Cabinet Me. Raja El Mansouri•Marrakech

Maître Raja El Mansouri Lawyer at the Marrakech-Ouarzazate Bar Maître Raja El Mansouri is a lawyer registered with the Marrakech-Ouarzazate Bar, with significant experience in advising and defending her clients before the competent courts. Her practice is mainly focused on real estate law, civil law, criminal law and family law, areas in which she acts both in legal advice and support and in litigation. Areas of practice - Real estate law Maître Raja El Mansouri assists her clients with all matters relating to real property and the rights attached thereto, in particular: * Acquisitions and transfers of real property; * Verification of the legal and land registry status of properties; * Analysis of land titles and ownership documents; * Promises to sell, preliminary agreements and real estate sale contracts; * Disputes relating to ownership and possession; * Joint ownership and division of real property; * Estates including real property; * Residential, professional and commercial leases; * Evictions and rental disputes; * Litigation concerning rents and the obligations of the parties; * Easements and real property rights; * Issues relating to construction, works and permits; * Construction litigation and defects affecting buildings; * Judicial expert assessment in real estate and construction matters; * Legal support for investors and owners in their real estate transactions. - Civil law She also acts in various areas of civil law, in particular: * Law of obligations and contracts; * Contractual and tortious civil liability; * Non-performance and improper performance of contractual obligations; * Redress and compensation for damages; * Disputes relating to civil contracts; * Debt recovery; * Ownership and rights in rem; * Joint ownership, division and liquidation; * Disputes relating to possession and ownership; * Formal notices and judicial proceedings; * Protective measures and urgent proceedings; * Enforcement of judicial decisions. - Criminal law Maître Raja El Mansouri also provides defence and assistance to her clients in criminal proceedings, in particular: * Assistance and defence of persons subject to criminal prosecution; * Complaints and reports to the competent authorities; * Joining proceedings as a civil party; * Defence of victims of offences; * Offences against persons and property; * Offences relating to family and property relations; * Fraud, breach of trust and other property offences; * Violence and assaults against persons; * Assistance at the various stages of criminal proceedings; * Follow-up of proceedings before the criminal courts; * Defence of the interests of victims and of accused persons. - Family law In the field of family law, she assists her clients in situations requiring both legal expertise and an approach particularly attentive to human considerations, in particular: * Divorce and separation proceedings; * Judicial divorce and divorce by mutual consent; * Maintenance payments and support obligations; * Child custody and visiting rights; * Filiation and establishment of parentage; * Recognition and contestation of filiation; * Marriage and the legal effects of marriage; * Conditions and procedures relating to divorce; * Division and liquidation of property between spouses; * Estates and settlement of estates; * Division of inherited property; * Disputes between heirs; * Guardianship and representation of minors; * Protection of children's rights and interests; * Enforcement of decisions rendered in family matters. An approach based on listening and defending the client's interests Maître Raja El Mansouri favours an approach based on listening, in-depth analysis of each situation and the search for legal solutions tailored to her clients' needs. She acts both upstream of disputes, in order to prevent and secure legal risks, and in the context of litigation proceedings, in order to defend her clients' rights and interests before the competent courts. Her experience enables her to assist private individuals as well as owners, investors and professionals facing civil, real estate, criminal or family law issues.

Business LawReal Estate LawLabor Law+9
French · Arabic · English
Direct contact only
Housni Yahia
6 years of experience

Housni Yahia

Cabinet Me. Housni Yahia•Nador

Lawyers at the Nador Bar, we practise in civil, family, real estate, commercial, criminal and administrative matters, as well as in appeals, the enforcement of court decisions and proceedings relating to foreign judgments.

Family LawBusiness LawReal Estate Law+18
French · Arabic
Online booking · no slot in the next 14 daysBook by phone or WhatsApp.
Yassine Qorbi
7 years of experience

Yassine Qorbi

Cabinet Me. Yassine Qorbi•Rabat

⚖️ A lawyer at the Rabat Bar, I assist businesses, individuals and local authorities with their legal matters: • Business & commercial litigation • Employment relations litigation • Administrative litigation & public procurement • Family law & divorce • Intellectual property & trademark law • Contract law & company formation • Legal studies & strategic consultations ( Legal Roadmap ) 🛡️ I provide representation and defence for my clients before the competent courts, ensuring the security of transactions, compliance with Moroccan regulations and the effective protection of their interests. 📍 Office in Rabat. 📞 Consultations by appointment, by telephone or message.)

Commercial lawIntellectual PropertyAdministrative Law+11
French · Arabic
Direct contact only
عبد المنعم الرفاعي
26 years of experience

عبد المنعم الرفاعي

Cabinet Me. عبد المنعم الرفاعي•Tangier

Lawyer at the Tangier Bar since 2000, admitted to practise before the Supreme Court, arbitrator accredited by the Ministry of Justice

Business LawFamily LawCriminal Law+35
French · Arabic · Spanish
Direct contact only
SL
8 years of experience

Safa Larhmich

Cabinet Me. Safa Larhmich•Tangier

A lawyer at the Tangier Bar, I assist individuals, professionals and companies with their legal procedures as well as in the defence of their rights and interests. My approach is based on listening, rigour and tailored legal support, with particular attention paid to a thorough understanding of each case and to the search for strategic and appropriate solutions. Areas of practice: * ⚖️ Family law & family litigation (Divorce in all its forms, separation, maintenance, custody) * 👶 Judicial kafala & civil status (Kafala procedures for abandoned children, filiation, civil status registrations and rectifications) * 🏠 Real estate and land law * 🏢 Commercial and business law * 💼 Labour law and social litigation * 🛡️ Insurance law and compensation * ⚖️ Criminal law * ⚡ Summary proceedings and urgent measures * 📊 Tax litigation and tax law * 📑 Law of contracts and obligations * 🏛️ Civil law and general litigation * 👩‍⚖️ Representation and defence before the courts My commitment is to offer every client support based on seriousness, confidentiality and responsiveness, whether it is a matter of preventing a dispute, securing a legal transaction, negotiating an amicable settlement or ensuring a rigorous defence before the courts. 📍 Address: Rue Abi Dardae, Imm. Tajmil, 7th floor, No. 40, Place des Nations, Tangier – Morocco 📞 Telephone: +212 661-173770 📧 Email: Safaa.larhmich@gmail.com 🌐 Website: https://avocatelarhmich.com/ 💳 Means of payment: Cash, Bank transfer, Cheque

Criminal LawFamily LawLabor Law+32
French · Arabic
Online booking · no slot in the next 14 daysBook by phone or WhatsApp.
Najm Eddine Hajji
7 years of experience

Najm Eddine Hajji

Cabinet Me. Najm Eddine Hajji•Tangier

Maître Najm Eddine Hajji is a lawyer registered with the Tangier Bar, specialised in business law and strategic support for companies. Combining legal rigour with a business vision, Maître Hajji positions himself as a trusted partner for companies wishing to develop within a secure framework while optimising their performance.

Business LawLabor LawCommercial law+10
French · English · Arabic
Online booking · no slot in the next 14 daysBook by phone or WhatsApp.

Moroccan contract law: a fundamental framework inherited from the 1913 Dahir

Moroccan contract law rests on a centenary but still modern text: the Dahir forming the Code of Obligations and Contracts (DOC), enacted on August 12, 1913. Deeply inspired by French civil law and Islamic law, this text remains the cornerstone of every contractual relationship in Morocco — whether between two individuals, two domestic companies or an international partnership.

The DOC enshrines solid guiding principles: contractual freedom (parties may freely set the content of their agreement), the binding force of contracts ("the contract is the law of the parties") and good faith in performance. These principles shape all Moroccan economic relationships, from the lease signed between neighbors to joint-venture agreements between multinational groups.

Engaging a contract lawyer is not just having a document reviewed before signature. It means anticipating risk scenarios, translating economic intentions into enforceable clauses, planning for non-performance and negotiating exits. A poorly drafted contract can cost years of litigation; a well-drafted contract prevents disputes or, failing that, provides the weapons to win them.

Contract formation: consent, capacity, object and cause

For a contract to be valid in Morocco, the DOC requires four cumulative conditions: free and informed consent of the parties, their legal capacity to contract, a determined or determinable object, and a lawful cause. The absence of any one of these conditions can result in the nullity of the contract, sometimes years after signature.

Consent is protected by sanctioning defects: error (regarding substance or person), fraud (deceitful maneuvers to mislead the other party) and duress (physical or moral). Case law from Moroccan commercial courts and the Court of Cassation has refined the contours of each of these defects. A lawyer can identify in advance the ambiguous clauses that could later be qualified as fraud by omission.

Capacity to contract is a point of vigilance, particularly for companies (which must act within their corporate purpose) and minors or persons under guardianship. Contracts signed by a director acting beyond their authority can be challenged by the company itself. The lawyer systematically verifies bylaws, powers of attorney and prior authorizations (general meeting, board of directors).

The object of the contract must be determined, possible and lawful. A contract concerning something outside commerce, or whose object is too imprecise, is null. The cause — the motive that drove each party to contract — must also be lawful and consistent with Moroccan public policy. The presence of anti-competitive practices or money laundering in the cause can result in outright annulment.

Contract performance: binding force and unforeseen circumstances

Once validly formed, the contract binds the parties who must perform it in good faith. The DOC enshrines the principle "pacta sunt servanda": the contract holds the place of law for those who made it. This binding force extends to consequences that the nature of the obligation, custom or law imply, even if not expressly stipulated.

In case of non-performance by one party, several sanctions are available. The exception of non-performance allows one party to suspend its own performance until the other performs. Contract termination ends the engagement and requires restitutions. Forced specific performance can be ordered by the court when still possible. Damages compensate the suffered loss.

Force majeure — an unforeseeable, irresistible and external event — exonerates the debtor from liability. The COVID-19 pandemic reignited the Moroccan debate on qualifying health events as force majeure. Recent case law requires a case-by-case assessment depending on the sector, the contract and the parties' diligence. Drafting an appropriate force majeure clause is now essential for any structuring contract.

Hardship — economic upheaval making performance excessively burdensome without making it impossible — is treated differently across contracts. Moroccan law does not broadly admit revision for hardship, unlike recent French law. Hence the importance of contractually providing hardship, revision or indexation clauses for long-term contracts.

Main types of contracts in Morocco and their specifics

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.

How to choose your contract lawyer in Morocco

Contract law is both technical and strategic. Your lawyer must master the DOC, sector-specific laws (commercial, real estate, consumer) and the evolution of case law from commercial courts and the Court of Cassation. Favor a lawyer who regularly drafts and negotiates contracts in your business sector — a food distribution contract is not drafted like a software license agreement.

For international contracts, verify command of legal English and knowledge of applicable international conventions (CISG, New York Convention on Arbitration, tax treaties). A Moroccan lawyer comfortable in several legal systems (common law, civil law) will be better positioned to negotiate balanced terms with a foreign party.

Experience in contractual litigation is an asset: a lawyer who has pleaded before Moroccan courts knows which clauses hold up in disputes and which are systematically annulled or requalified. This experience directly feeds the preventive drafting phase.

Availability and responsiveness matter. Contract negotiations often span several weeks, with rapid back-and-forth between parties. An overworked lawyer who replies two days late can lose a deal. On AvocatLib, you can compare profiles, verify specializations and contact contract lawyers directly across Morocco.

Find a Lawyer by City

Lawyers specialized in Contract Law across Morocco

Frequently Asked Questions About Contract Law in Morocco

Must a contract be in writing in Morocco?
No, the principle is consensualism: a contract is formed as soon as consents are exchanged, without any particular form. However, writing is required for certain contracts (real estate sale, commercial lease, marriage contract) or for proof beyond a certain amount (10,000 dirhams under the DOC, except in commercial matters where freedom of proof prevails). Beyond these obligations, writing is strongly recommended for any significant commitment: it sets the terms, prevents disputes and facilitates judicial proof.
What is the difference between contract nullity and termination?
Nullity sanctions a defect in validity at the time of contract formation (defect of consent, unlawful object, incapacity). It retroactively erases the contract, as if it never existed, and requires reciprocal restitutions. Termination, on the other hand, sanctions non-performance by one party of a validly formed contract. It ends the contract for the future and may give rise to damages. The distinction has important practical consequences regarding prescription and restitutions.
How is a verbal contract proven in Morocco?
For civil contracts, proof by witnesses or presumptions is admitted up to 10,000 dirhams. Beyond that, writing is in principle required. In commercial matters, proof is free regardless of the amount: testimonies, correspondence (emails, WhatsApp, SMS), invoices, accounting records and bank statements can all be produced. A start of written proof (an email mentioning the agreement, for example) further allows testimonial proof to be admitted even beyond the legal threshold. Systematic preservation of exchanges is therefore essential.
What if the other party refuses to perform the contract?
Several avenues are open depending on the situation. A formal notice of default (via bailiff or registered mail) is almost always the mandatory preliminary: it triggers default interest and constitutes the debtor at fault. Then you can demand specific performance (if still possible), suspend your own performance by the exception of non-performance, or seek termination of the contract with damages. For commercial contracts, the commercial court has jurisdiction; for civil contracts, the court of first instance. Arbitration is possible if an arbitration clause has been stipulated.
Can force majeure exempt me from performing my contract?
Yes, on three cumulative conditions: the event must be unforeseeable (impossible to anticipate at the time of conclusion), irresistible (impossible to prevent or overcome with reasonable diligence) and external to the debtor's will. Wars, natural disasters, certain administrative decisions and — depending on the case — pandemics can qualify as force majeure. The COVID-19 pandemic gave rise to nuanced case law: everything depended on the sector, the contract date and the parties' diligence. A well-drafted force majeure clause in your contract is precious because it can broaden or narrow the legal definition.

Need a contract lawyer?

Browse our directory of lawyers specialized in contract law in Morocco. Drafting, negotiation, litigation: find the right counsel for your project.

Find a contract lawyer

Updated on