Abstract
Françoise Monéger examines whether the Moroccan DOC's alleged "defect" in not strictly maintaining the distinction between tortious and contractual obligations might actually be an advantage. Citing a 1944 author who attributed this blurring to the DOC's complex origins reconciling European legislations with Islamic law, Monéger notes that French doctrine now questions this distinction due to its absurdities and difficulties. She observes that Moroccan jurisprudence has not always rigorously respected the separation, with many decisions basing liability on tortious obligation articles (77 ff.) even when parties were bound by contract. She suggests the DOC may resemble recent codes that unify both liability regimes, making its approach progressive rather than defective.
Recommended Citation
Monéger, Françoise
(1984)
"Reflections on Delictual and Contractual Fault in the Dahir of Obligations and Contracts,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 3:
Iss.
1, Article 15.
https://doi.org/10.66499/2665-7112.1433
Available at:
https://scholarhub.univh2c.ma/remadeg/vol3/iss1/15
DOI
10.66499/2665-7112.1433