Abstract
Mohammed Azzeddine Benseghir asks why Article 54 of the Moroccan DOC remains unapplied in practice. Article 54 allows contract rescission based on illness or similar grounds, protecting certain vulnerable persons, including non-interdicted or non-institutionalized mentally ill individuals. The author analyzes the article's components: rescission motives, protected persons, judicial powers, and the nature of nullity. He then explores possible interpretations of Article 54, considering it as a remedy for gaps in traditional consent defects (fraud, mistake, duress) and lesion. Finally, he examines Article 54 as a potential foundation for a theory of exploitation in contract law, suggesting this overlooked provision might offer protection against unconscionable bargains if properly utilized by Moroccan courts.
Recommended Citation
Benseghir, Mohammed Azzeddine
(1984)
"Article 54 of the Dahir of Obligations and Contracts: Why Has It Not Been Applied?,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 3:
Iss.
1, Article 19.
https://doi.org/10.66499/2665-7112.1437
Available at:
https://scholarhub.univh2c.ma/remadeg/vol3/iss1/19
DOI
10.66499/2665-7112.1437