Abstract
Although social (labor) law now constitutes an autonomous branch of private law, it continues to draw on many of the principles and techniques of civil law. This article examines how civil legal rules, when applied to the field of employment relations, often lose part of their original civil identity: they are frequently breached or reshaped in ways that serve the working class as the weaker party, and through successive judicial interpretations such rules gradually become exceptions to civil law and firmly rooted principles of social law. The author argues that this very dynamic has shaped the long, slow, and arduous development of labor law itself. Taking the proof of the employment contract as its central problem, the study analyzes two decisions of the Supreme Council (Cour Suprême), illustrating how the legislator and the courts adapt general civil-law principles of evidence to the specific protective aims of labor law in the Moroccan legal context.
Recommended Citation
El Kachbour, Mohammed
(1990)
"Proving the Employment Contract before the Moroccan Judiciary: A Commentary on Two Decisions of the Supreme Council,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 9:
Iss.
1, Article 3.
https://doi.org/10.66499/2665-7112.1661
Available at:
https://scholarhub.univh2c.ma/remadeg/vol9/iss1/3
DOI
10.66499/2665-7112.1661