What question did this study set out to answer?

The research aims to clarify the criteria for characterizing and protecting public property in Morocco.

April 5, 2026Open Access

The Supreme Court’s Case Law on Public Property

Key Points

The research aims to clarify the criteria for characterizing and protecting public property in Morocco.
Review of Moroccan Supreme Court case law on public property
Analysis of legal references governing the public domain
Examination of judicial interpretation and its impact on administrative processes
Identified distinctions between formal allocation and factual public use
Highlighted inconsistencies in current judicial criteria for public property
Advocated for a more consistent approach to strengthen predictability and protection of public assets

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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Cite This Study

Abdelfattah Eddahbi (Fri,) studied this question.

synapsesocial.com/papers/69d1fc28a79560c99a0a1d4f https://doi.org/https://doi.org/10.66499/2665-7112.1155

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