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Abstract

This article studies Moroccan Supreme Court case law concerning public property (the public domain) and the criteria used to characterize and protect it. It shows how jurisprudence clarifies the fundamental features of public ownership and addresses uncertainties inherited from earlier periods, including the distinction between formal allocation and factual public use. The author reviews the main legal references governing the public domain and explains how judicial interpretation affects administrative action, liability, and dispute resolution. By analyzing competing criteria used by courts, the paper argues for a more consistent approach that strengthens predictability and the protection of public assets.

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