Abstract
This article examines the attractiveness of personal securities in Moroccan law and highlights the declining effectiveness of suretyship, the only personal security expressly codified in the Moroccan Code of Obligations and Contracts. The author shows that its accessory nature, reinforced in practice and in the context of collective insolvency proceedings, weakens its effectiveness for creditors and may discourage economic actors from relying on this mechanism. The study then places in perspective non-accessory guarantees (such as the autonomous guarantee and the letter of intent), which are recognized and regulated under French law but lack explicit statutory recognition in Morocco. These instruments are presented as potentially more effective alternatives, as they are less exposed to exceptions linked to the principal debt, while nevertheless raising issues of legal certainty. The article concludes by calling for a modernization of the Moroccan legal framework in order to enhance clarity, effectiveness, and balance.
Recommended Citation
BENIS, Meriem
(2023)
"Personal Securities in Moroccan Law: How Attractive Are They?,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 28:
Iss.
1, Article 31.
Available at:
https://scholarhub.univh2c.ma/remadeg/vol28/iss1/31