Abstract
This article discusses selected drawbacks of relying on foreign expertise when drafting national legislation, through a focused commentary on part of Article 556 of the Moroccan Commercial Code (Book Five on insolvency and restructuring). It highlights methodological flaws in legal borrowing—especially vague or inaccurate cross-references to the applicable rules—and shows how such drafting choices generate interpretive uncertainty and implementation difficulties. By comparing the Moroccan wording with its French source, the paper also examines the effects on the logic of granting a payment moratorium (judicial grace periods) in commercial matters, and argues for more rigorous legislative transposition and harmonization, including targeted amendments to reduce ambiguity and strengthen coherence.
Recommended Citation
Bourda, Youssef
(2023)
"Drawbacks of Relying on Foreign Expertise in Drafting Book Five of the Moroccan Commercial Code,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 28:
Iss.
2, Article 37.
Available at:
https://scholarhub.univh2c.ma/remadeg/vol28/iss2/37