LAW ESTABLISHING COMMERCIAL JURISDICTIONS MOROCCO
LexInter | October 12, 2009 | 0 Comments

LAW ESTABLISHING COMMERCIAL JURISDICTIONS MOROCCO

PRAISE TO GOD ALONE!

(Great Seal of His Majesty Hassan II)

Let it be known hereby – may God uplift and strengthen the tenor!

May Our Cherifian Majesty,

Considering the Constitution, in particular its article 26,

Has decided the following:

Is promulgated and will be published in the Official Bulletin, following this dahir, the law n ° 53-95 establishing commercial jurisdictions, adopted by the House of Representatives on 26 Chaabane 1417 (January 6, 1997).

Done in Rabat, 4 chaoual 1417 (February 12, 1997).

For countersignature: The Prime Minister, Abdellatif Filali.

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Law n ° 53-95 establishing commercial courts

Title one: General provisions Creation of commercial courts

Article 1: It is created by virtue of this law commercial courts and commercial courts of appeal.

Their number, their seats in the regions and their jurisdiction are fixed by decree.

Title II: composition and organization of commercial courts and commercial courts of appeal

Article 2: The commercial court includes:

– a president, vice-presidents and magistrates;

– a public prosecution service made up of the public prosecutor and one or more deputies;

– a registry and a secretariat of the prosecution service.

The commercial court can be divided into chambers according to the nature of the cases referred to it. However, each chamber may investigate and rule on cases submitted to the tribunal.

The president of the commercial court appoints, on a proposal from the general meeting, a magistrate responsible for monitoring enforcement procedures.

Article 3: The commercial court of appeal includes:

– a first president, presidents of chambers and councilors;

– a public prosecutor made up of a public prosecutor of the King and his deputies;

– a registry and a secretariat of the prosecution service.

The commercial court of appeal can be divided into chambers according to the nature of the cases referred to it. However, each chamber may investigate and rule on cases submitted to the court.

Article 4: Unless otherwise provided by law, the hearings of the commercial courts and the commercial courts of appeal are held and their judgments rendered by three magistrates, including a president, assisted by a clerk.

Title III: the competence of the commercial courts

Chapter 1: competence due to matter

Article 5: The commercial courts are competent to know:

1 – actions relating to commercial contracts ;

2 – actions between traders during their commercial activities;

3 – actions relating to commercial paper ;

4 – disputes between partners of a commercial company;

5 – disputes on account of goodwill .

Cases relating to traffic accidents are excluded from the jurisdiction of the commercial courts.

The trader may agree with the non-trader to attribute jurisdiction to the commercial court to hear disputes that may oppose them on the occasion of the exercise of one of the trader’s activities.

The parties may agree to submit the above-listed disputes to arbitration proceedings in accordance with the provisions of Articles 306 to 327 of the Code of Civil Procedure.

Article 6: The commercial courts are competent to hear, in first and last instance, requests whose principal does not exceed the value of nine thousand dirhams (9,000 DH) and in first instance, all requests of a higher value at this amount

Article 7: The commercial court may allocate a provision when the debt is established and it is not the subject of a serious dispute, and this, provided that sufficient real or personal guarantees are provided.

Article 8: By way of derogation from the provisions of Article 17 of the Code of Civil Procedure, the Commercial Court must rule on the objection of lack of jurisdiction on account of the matter referred to it by separate judgment within a period of eight (8 ) days.

The judgment relating to jurisdiction may be appealed within ten days of the date of its notification.

The registry is required to send the file to the commercial court of appeal on the day following the filing of the appeal request.

The court rules within ten (10) days from the date on which the file reaches the registry.

When the commercial court of appeal rules on jurisdiction, it automatically transmits the file to the competent court.

The registry is required to send the file to the competent court within ten (10) days of the date on which the judgment was pronounced.

The judgment of the court is not subject to any appeal, ordinary or extraordinary.

Article 9: The commercial court is competent to hear all the commercial litigation which includes a civil object.

Chapter II: Territorial jurisdiction

Article 10: Territorial jurisdiction belongs to the court of the real or elected domicile of the defendant.

When the latter has no domicile in Morocco, but has a residence there, jurisdiction lies with the court of this residence.

When the defendant has neither domicile nor residence in Morocco, he may be brought before the court of the domicile or residence of the plaintiff or of one of them if there are several.

If there are several defendants, the plaintiff may apply to the court of the domicile or residence of one of them, at his option.

 

Article 11: Notwithstanding the provisions of Article 28 of the Code of Civil Procedure, actions are brought:

– in matters of companies, before the commercial court of the place of the registered office of the company or of its branch;

– in matters of business difficulties, before the commercial court of the place of the main establishment of the trader or the head office of the company;

– in the matter of precautionary measures, before the commercial court in whose territorial jurisdiction is the subject of said measures.

Article 12: The parties may in all cases agree in writing to appoint the competent commercial court.

Title IV: proceedings before the commercial courts

Article 13: The commercial court is seized by written request and signed by a lawyer registered on the roll of one of the bars of Morocco, subject to the second paragraph of article 31 of the dahir on law n ° 1-93-162 of 22 Rabii I 1414 (September 10, 1993) organizing the exercise of the profession of lawyer.

Requests are recorded in a register intended for this purpose. The clerk issues the applicant with a receipt bearing the name of the applicant, the date of filing of the application, its number in the register and the number and nature of the attachments.

The clerk files a copy of the said receipt in the file.

Article 14: The president of the court designates from the recording of the request a judge rapporteur to whom he transmits the file within twenty-four (24) hours.

The judge-rapporteur summons the parties to the nearest hearing, the date of which he has set.

Article 15: The summons is sent by a judicial officer in accordance with the provisions of Law No. 41-80 on the creation and organization of a body of judicial officers promulgated by Dahir No. 1-80-440 of 17 Safar 1401 (December 25, 1980), unless the court decides to transmit the summons through the channels provided for in Articles 37, 38 and 39 of the Code of Civil Procedure.

Article 16: When the case is not ready for decision, the commercial court may postpone it to a next hearing or refer it to the judge rapporteur. In all cases, the judge rapporteur is required to bring the case back to hearing within a period not exceeding three months.

Article 17: The commercial court fixes the date of the pronouncement of judgment during the deliberation of the case.

The judgment cannot be pronounced before it is drawn up in full.

Title V: proceedings before the commercial courts of appeal

Article 18: The appeal against judgments of the commercial court is filed within fifteen days from the date of notification of the judgment, in accordance with the provisions of Articles 134 to 141 of the Code of Civil Procedure, subject to the provisions of the second paragraph of article 8 of this law.

The appeal request is filed with the clerk of the commercial court.

The registry is required to send the appeal request together with the attachments to the registry of the competent commercial court of appeal within a maximum period of fifteen (15) days from the date of filing of the appeal request. .

Article 19: The provisions of articles 13, 14, 15, 16 and 17 of this law are applicable before the commercial court of appeal.

The rules prescribed by the Code of Civil Procedure are also applicable before the commercial courts and the commercial courts of appeal, unless otherwise provided.

Title VI: powers of the president of the commercial court

First chapter

Article 20: The president of the commercial court exercises, in addition to the attributions which are devolved to him in commercial matters, those devolved to the president of the court of first instance by the code of civil procedure.

Chapter II: Summary proceedings

Article 21: The president of the commercial court may, within the limits of the jurisdiction of the court, order in summary proceedings all measures which are not the subject of any serious dispute.

When the dispute is submitted to the commercial court of appeal, said powers are exercised by its first president.

The president of the commercial court may, within the same limits and even in the event of a serious dispute, order all protective measures or restoration, either to prevent imminent damage or to put an end to a clearly unlawful disturbance.

Chapter III: The order for payment procedure

Article 22: The president of the commercial court is competent to hear requests for the purposes of an order for payment, based on commercial instruments and authentic documents in application of the provisions of Chapter III of Title IV of the Code of Civil Procedure.

In this case and by way of derogation from the provisions of Articles 161 and 162 of the Code of Civil Procedure, the appeal period and the appeal itself do not suspend the execution of the order for an order for payment issued by the president. court.

However, the commercial court of appeal may, by reasoned judgment, partially or totally suspend execution.

Title VII: execution of judgments and orders

Article 23: The agent in charge of the execution notifies the condemned party of the decision which he is responsible for carrying out and gives him formal notice to acquiesce to it or to inform him of his intentions, and this, in a period not exceeding ten (10) days from the date of filing of the request for execution.

The enforcement agent is required to draw up a report of the seizure and execution or a statement of the reasons having prevented him from doing so, within twenty days from the expiry of the time limit for enforcement. remains.

The provisions of Chapter III of Title IX of the Code of Civil Procedure, relating to the general rules on the enforcement of judgments, are applicable before the commercial courts unless otherwise provided.

Title VIII: miscellaneous and transitional provisions

Article 24: The provisions of Article 10 (3rd paragraph) of the Dahir on Law No. 1-74-338 of 24 Joumada II 1394 (July 15, 1974) establishing the judicial organization of the Kingdom, are amended and supplemented as well as it follows:

Article 10. – (3rd paragraph) – It is divided into six chambers: a civil chamber called the first chamber, a chamber of personal and inheritance status, a commercial chamber, an administrative chamber, a social chamber and a penal chamber.

(Continued without modification.)

Article 25: The provisions of this law come into force on the first day of the sixth month following the date of publication in the Official Bulletin of the decree referred to in the second paragraph of article 1 above.

However, the courts remain seized of cases falling within the competence of the commercial courts and the commercial courts of appeal by virtue of this law, when they were registered before these courts before the date of its entry into force.

 

 

 

 

 

The law comes into force on the first day of the sixth month following the date of publication in the Official Bulletin of the decree referred to in the second paragraph of article 1 above.

However, the courts remain seized of cases falling within the competence of the commercial courts and the commercial courts of appeal by virtue of this law, when they were registered before these courts before the date of its entry into force.

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