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Abstract

This article examines abandonment in marine insurance, an exceptional legal mechanism allowing the insured, in cases of major marine casualties, to obtain payment of the full insured amount as in a total loss, in exchange for the transfer of rights over the insured property (ship or cargo) to the insurer. Unlike the ordinary adjustment of average, under which the insured retains ownership of the damaged property, abandonment constitutes a facultative option strictly governed by statutory provisions and insurance policies. The study analyses the conditions for exercising abandonment, including procedural requirements, time limits, and disclosure obligations, as well as substantive conditions such as indivisibility, irrevocability, and the prohibition of partial or conditional abandonment. It then examines the situations giving rise to abandonment, notably loss without news, unseaworthiness, loss or deterioration of three-quarters of the value of the goods, and capture or detention, as provided under the Moroccan Maritime Commercial Code (DCCM) and comparative French insurance law. The article further explores the legal effects of abandonment, particularly full indemnification, transfer of ownership, and the practical consequences relating to settlement procedures and insurer subrogation. In conclusion, it highlights the limited practical use of abandonment while emphasizing its economic significance, and calls for a modernisation of the Moroccan legal framework, which remains outdated in light of developments in comparative law and contemporary maritime risks, including piracy.

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