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Abstract

There is no doubt that the sales contract is the most important contract entered into by an individual to meet his or her consumer needs; however, the certainty that a given sales contract will achieve this purpose remains a matter of doubt for both parties. Therefore, the option has served as a means for both the seller and the buyer to withdraw from the contract whenever they deem it unfeasible to proceed with it. Furthermore, the purpose of the sale may not be achieved either due to a defect in the item sold, the absence of a characteristic deemed important by the buyer, deceptive or fraudulent conduct on the part of the seller, the inability to inspect the item in a distance sale, or other reasons. In all these scenarios, the option serves as a tool in the hands of the contracting parties, by virtue of which they have the right to either finalize the sale or rescind it, depending on what best serves their mutual interests. The provisions governing the option were established by the jurists of the four schools of Islamic jurisprudence, and the Moroccan legislature has incorporated these legal provisions into its Law on Obligations and Contracts. In this article, we will attempt to elucidate these provisions while seeking to identify, first and foremost, the points of convergence and divergence among them, and—by way of illustration—to address the consumer protection provisions in Law No. 31.08, which sets forth measures for consumer protection.

DOI

10.66499/2665-7112.1717

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