Biography of the Code of Obligations and Contracts: From Reception to Assimilation of a Foreign Code in the Moroccan Legal Order

Joël Monéger examines the journey of Morocco's Code of Obligations and Contracts (DOC) from its forced reception to its eventual assimilation. He notes that historically, Greek cities and modern Italian republics often entrusted foreigners with establishing their laws. Similarly, the DOC was introduced to Morocco under the French protectorate. The study is divided into two parts. First, he analyzes the forced reception of the DOC, its French origins, and its relationship with existing Moroccan law. Second, he explores how litigants and judges adapted to applying the DOC, including their reforms, resistance, and the validation of contractual stipulations contrary to the code. Monéger concludes by assessing the code's originality despite its foreign birth.