What question did this study set out to answer?

The aim is to investigate the reasons behind the non-application of Article 54 of the Moroccan Dahir of Obligations and Contracts.

June 17, 2026

Article 54 of the Dahir of Obligations and Contracts: Why Has It Not Been Applied?

Key Points

The aim is to investigate the reasons behind the non-application of Article 54 of the Moroccan Dahir of Obligations and Contracts.
Analyzed components of Article 54, including motives for rescission and protected persons.
Explored interpretations related to traditional consent defects and exploitation in contract law.
Examined judicial powers concerning the article's application.
Identified gaps in the judicial application of Article 54 concerning mental illness and vulnerable individuals.
Proposed that the article could fill in gaps regarding consent defects such as fraud or duress.
Suggested a theory of exploitation might emerge if Article 54 was correctly utilized to counteract unconscionable bargains.

Abstract

Mohammed Azzeddine Benseghir asks why Article 54 of the Moroccan DOC remains unapplied in practice. Article 54 allows contract rescission based on illness or similar grounds, protecting certain vulnerable persons, including non-interdicted or non-institutionalized mentally ill individuals. The author analyzes the article's components: rescission motives, protected persons, judicial powers, and the nature of nullity. He then explores possible interpretations of Article 54, considering it as a remedy for gaps in traditional consent defects (fraud, mistake, duress) and lesion. Finally, he examines Article 54 as a potential foundation for a theory of exploitation in contract law, suggesting this overlooked provision might offer protection against unconscionable bargains if properly utilized by Moroccan courts.

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