The Dahir of Obligations and Contracts and Social Law

Ahmed El Aouani narrows the broad field of social law to focus on individual labor relations. He addresses whether labor law's autonomy from civil law is fiction or necessity, as labor law embodies a more protective philosophy. While scholars disagree on absolute autonomy, they unanimously recognize two distinct spirits: civil law as "conservative" and labor law as a recognized haven of "progressivism." El Aouani rejects the idea of absolute autonomy for individual labor relations, noting that despite increased state intervention, the individual employment contract remains the true source of party obligations. However, he argues it is necessary to alter and reform civilist techniques when applied to employment contracts, as civil law's individualistic orthodoxy resists labor law's protective emergence.