Abstract
This case law commentary examines a Supreme Court judgment concerning a will drafted by a foreigner in Morocco. The Court addressed the nullity of a testamentary disposition on grounds of stupre (moral turpitude) which tainted the liberality, even where such illicit cause was not the sole motivation. The decision invoked Articles 62 and 65 of the D.O.C., alongside Moroccan good morals, public order, and decency. Additionally, the Court considered the imperative nature of referral (évocation) under Article 368 D.P.C., allowing the Supreme Court to rule on the merits where all material elements were established before the trial judge.
Recommended Citation
MELIA, Jacques
(1989)
"Case Law Chronicle: Judgment of 14 September 1977 by the First Civil Chamber of the Supreme Court,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 8:
Iss.
1, Article 20.
https://doi.org/10.66499/2665-7112.1559
Available at:
https://scholarhub.univh2c.ma/remadeg/vol8/iss1/20
DOI
10.66499/2665-7112.1559