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

58 lawyers listed in Contract Law on AvocatLib

RE
39 years of experience

Raja El Mansouri

Cabinet Me. Raja El MansouriMarrakech

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
Safae Sadki

Safae Sadki

Cabinet Me. Safae SadkiCasablanca

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
Abdelhalim Zendaguy
4 years of experience

Abdelhalim Zendaguy

Cabinet Me. Abdelhalim ZendaguyMarrakech

Lawyer at the Marrakech Bar, specialised in business law, civil law, real estate law, family law and criminal law

Business LawLabor LawReal Estate Law+30
French · العربية
Direct contact only
TARIK BEN LARBI
9 years of experience

TARIK BEN LARBI

Cabinet Me. TARIK BEN LARBITangier

Lawyer in Tangier, Morocco,

Business LawImmigration LawFamily Law+8
French · Arabic · English · +2
Direct contact only
Khalid Chafai
7 years of experience

Khalid Chafai

Cabinet Me. Khalid ChafaiTangier

About the Law Firm Established in 2019 in Tangier, Khalid Chafai Law Firm provides professional legal advice, litigation, and representation to individuals, businesses, and institutions. Our firm is committed to providing strategic and effective legal solutions while protecting our clients’ rights and interests with professionalism, accuracy, and dedication. Areas of Expertise - Business Law - Family Law - Real Estate Law Firm Motto "Your Rights, Our Priority" Contact Managing Partner: Khalid Chafai, Attorney at Law – Tangier Bar Association Address: 1st Floor, Apt. 8, Playa Mar Building, Intersection of Antaki St. & Ibn Abbad St., Tangier 90000, Morocco Phone: +212 6 61 79 74 69 Website: attorneyatlawkhalidchafai.com

Business LawFamily LawReal Estate Law+22
French · Arabic · Moroccan Arabic (Darija)
Direct contact only
Khalid Trabelsi
34 years of experience

Khalid Trabelsi

Cabinet Me. Khalid TrabelsiRabat

Maître Khalid TRABELSI, lawyer at the Bar of Rabat, admitted to practise before the Court of Cassation and Doctor of Law. Founder of the Cabinet Avocat TRABELSI in 1995, he has over thirty years of experience in the practice of the legal profession. He assists national and international clients in connection with advisory work, legal studies and representation before the various Moroccan courts. His expertise covers in particular business law, company law, tax law, real estate law and administrative law. He also acts in alternative dispute resolution, in particular in matters of arbitration and mediation, favouring confidential and swift solutions tailored to the legal and economic interests of the parties. Under his direction, the Cabinet Avocat TRABELSI has developed a practice founded on legal rigour, close relationships with its clients and the search for solutions suited to the economic and strategic issues of each case.

Business LawTax LawDroit des societes+18
French · Arabic · English
Direct contact only
MB
11 years of experience

Mounia Boujabha

Cabinet Me. Mounia BoujabhaTemara

The Law Office of Maître Mounia Boujabha, registered with the Rabat Bar, assists individuals, professionals and companies with their legal formalities and judicial proceedings in Morocco. Located about 10 minutes from the centre of Rabat, the office practises in particular in Rabat, Casablanca and Témara, in several areas of law: family law and divorce, criminal law, real estate and land law, commercial and company law, labour law, administrative law and litigation. The office also assists Moroccans residing abroad (MRE) as well as international clients facing a legal issue in Morocco. Communication can be conducted in French, Arabic, English and German. Each case is the subject of a legal analysis tailored to its situation, with support in advice, negotiation, procedures and litigation.

Family LawCriminal LawReal Estate Law+34
French · Arabic · English
Direct contact only
IMAD CHAHBOUNI
19 years of experience

IMAD CHAHBOUNI

Cabinet Me. IMAD CHAHBOUNITetouan

Me Imad Chahbouni, a lawyer at the Tetouan Bar, assists individuals, entrepreneurs and companies with legal advice and with the handling of their litigation. The firm practises in particular in real estate law, family law, business law, commercial law, employment law and contract law. Each case is the subject of careful analysis, with clear and confidential communication. The firm is located at Wilaya Center, in Tetouan. Consultations are offered at the office and by telephone. Discussions may take place in French, Arabic, Darija, Spanish or English. For an initial contact or an appointment request, please contact the firm by telephone, WhatsApp or email, briefly specifying the purpose of your request and your availability.

Immigration LawReal Estate LawFamily Law+23
French · Arabic · Spanish · +2
Direct contact only
Mohammed TAMOURO
6 years of experience

Mohammed TAMOURO

Cabinet Me. Mohammed TAMOUROCasablanca

A lawyer registered with the Casablanca Bar since 2020 and an international arbitrator, I specialise in Business Law. My firm ‘LPF Counsel’ assists individuals in their litigation and provides advice to multinationals and Moroccan companies as a Business Partner.

Business LawReal Estate LawImmigration Law+33
French · Arabic · English · +1
Direct contact only
Asmaâ SAJIDE
3 years of experience

Asmaâ SAJIDE

Cabinet Me. Asmaâ SAJIDECasablanca

A lawyer specialising in digital law and business law, I assist companies, professionals and individuals in securing the legal aspects of their activities, their projects and their interests, both in advisory matters and in litigation. My approach is based on an in-depth understanding of the issues specific to each case. Beyond the legal analysis, I pay particular attention to the economic, technological and strategic dimensions of the matters entrusted to me, in order to propose concrete, pragmatic solutions adapted to my clients' realities. Areas of practice: - Digital, Technologies & Innovation I assist companies, electronic service providers, content creators and promoters of innovative projects in securing the legal aspects of their digital activities, bringing them into regulatory compliance and protecting their intangible assets. Digital compliance & Strategic advice • Legal advice in digital law. • Bringing digital activities into compliance with the applicable regulations. • Carrying out compliance audits and risk mapping. • Regulatory monitoring and strategic support for digital transformation projects. Protection of personal data • Compliance with the applicable regulations on the protection of personal data. • Drafting and updating privacy policies, information notices and cookie policies. • Support in dealings with the competent authorities. • Audits and advice on data governance. IT contracts & Digital transformation • Drafting, negotiating and reviewing IT contracts. • Software, application and platform development contracts. • Legal securing of IT and digital transformation projects. E-commerce & Digital platforms • Legal support for electronic commerce activities. • Drafting General Terms and Conditions of Sale (GTCS), General Terms of Use (GTU) and legal notices. • Advice on consumer protection and electronic payments. • Legal compliance of digital platforms and marketplaces. Intellectual property & Digital assets • Protection, valorisation and management of intellectual property rights. • Filing and renewal of trademarks, designs and models. • Protection of software, databases, digital content and original creations. • Drafting assignment, licence and exploitation contracts. Content creators & Influencers • Drafting and negotiating collaboration, sponsorship and partnership contracts. • Protection of image rights, digital content and intellectual property. • Advice on the legal obligations applicable to advertising, commercial partnerships and social networks. • Support in managing disputes relating to digital platforms. Digital litigation & Cybercrime • Assistance and representation in disputes relating to digital activities. • Protection against infringements of personal data, online reputation and intellectual property rights. • Support in matters of cybercrime, computer fraud, digital identity theft and the liability of digital players. - Corporate & Business Company formation, structuring & governance • Incorporation of companies and legal support with formation. • Drafting and amending articles of association. • Preparation of shareholders' agreements. Corporate secretarial services • Monitoring the legal life of companies. • Preparation of general meetings. • Drafting minutes and corporate resolutions. • Completion of legal formalities with the competent administrations. • Updating corporate registers and legal documents. Commercial contracts • Drafting, negotiating and reviewing commercial contracts. • Distribution, commercial agency, franchise and partnership contracts. • Service provision and subcontracting contracts. • Assistance with the performance, renegotiation and termination of contracts. Compliance & Corporate governance • Legal compliance audits. • Compliance with the applicable regulations. • Development of internal procedures and governance mechanisms. • Management of legal risks. Business litigation • Prevention and management of commercial disputes. • Representation before the commercial courts. • Debt recovery. • Directors' liability and disputes between shareholders. - Employment & HR • Drafting, reviewing and negotiating employment contracts, preparing internal regulations, HR policies and internal procedures. • Support in the application of labour legislation, bringing HR practices into compliance and legal monitoring. • Assistance in conducting disciplinary procedures, dismissals and terminations of the employment contract. • Defence and representation of clients before the courts and other authorities competent in labour matters. - Business criminal law • Prevention and management of criminal risks related to corporate activity. • Assistance to companies, directors and employees in the context of investigations, inspections, hearings and criminal proceedings. • Defence of the interests of companies and their directors before the criminal courts. - Arbitration & Mediation I assist companies, investors and individuals in preventing and resolving disputes, favouring alternative dispute resolution methods suited to their interests. Arbitration • Acting as arbitrator in arbitration proceedings. • Assistance and representation of the parties before the arbitral tribunal. • Drafting and negotiating arbitration agreements. Mediation • Acting as mediator in mediation proceedings. • Assistance and representation of the parties throughout the mediation process. • Advice on amicable dispute resolution strategies. - Training in digital law I assist companies, institutions and professionals in strengthening their skills and their legal culture in digital matters. I design and deliver training courses tailored to the issues facing each organisation, in order to foster a better understanding of legal obligations, anticipate legal risks and promote practices that comply with regulatory developments.

Business LawReal Estate LawIntellectual Property+34
French · Arabic · English
Direct contact only
Najm Eddine Hajji
7 years of experience

Najm Eddine Hajji

Cabinet Me. Najm Eddine HajjiTangier

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.
Sofia Bousselham
9 years of experience

Sofia Bousselham

Laya Law FirmCasablanca

A lawyer at the Casablanca Bar, Sofia Bousselham has been advising companies and individuals for more than nine years in securing their activities and resolving their disputes. Trilingual (French, Arabic, English), she works both in advisory matters and in litigation. Her practice focuses on employment law, corporate law, commercial law, intellectual property and personal data protection. Attentive and pragmatic, she favours a personalised and strategic approach, combining legal rigour with an understanding of her clients' business issues.

Labor LawBusiness LawIntellectual Property+13
French · Arabic · English
Direct contact only

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.

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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.

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