What question did this study set out to answer?

The aim is to analyze the principles of private law, particularly obligations and contracts in the Dahir.

June 17, 2026

A Critical Reading of the Dahir of Obligations and Contracts

Key Points

The aim is to analyze the principles of private law, particularly obligations and contracts in the Dahir.
Analyzed the structure and categories of civil law, including rights of persons, financial rights, and contribution contracts.
Discussed historical influences such as Roman law and the French civil code on Arab legal systems.
Identified civil law as the foundational element of private law, governing various relationships.
Highlighted the continuing influence of the French civil code and Roman law on contemporary Arab legal systems.

Abstract

Mohamed Chaabi Al Madkouri introduces private law, noting that civil law is its foundation. Other branches emerged to regulate specific relationships requiring special rules. When no specific text exists, civil law serves as the reference. Civil law is practically divided into three parts: 1) rights of persons and family (marriage, lineage), 2) financial rights including real rights (property, usufruct) and personal rights or obligations, and 3) contribution contracts. The author mentions Roman law, which governed relations among Romans but not foreigners, and the French civil code, which borrowed heavily from Roman and canon law, influenced many modern Arab legal systems, and remains largely applicable today.

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