Commercial law:

Trading and traders are the most important parts of the commercial law. The commercial law is related
to anything about the trade. Law is identified with anything about the trade. Commercial law enables
individuals to make contract they need in the utilization of trade and without use, the civil law should be
connected.

Women had the right to engage in business and enter into employment contracts from 1996. After few
years, a ministerial department was created to focus especially on the women status. In fact, a quota
was seated for women in 2002 legislation elections which increases the representation of women in
parliament from 0.5 to 10.8 percent.

A. The Acts of Trade:

• Banking transaction

• Time bargain in securities

• Transaction relating to vessels and navigation

• Transaction relating to bills of exchange

• Transaction relating to commercial partnerships or to shares in such partnerships

• Transaction relating to vessels and navigation

• Purchase and re-sale of immovable property, when made with the object of commercial
speculation, and building enterprise

• Insurance, deposits, public entertainment and advertising

• Undertaking relating to supplies, manufacture, construction, carriage

• Purchase of movable effects for the object of reselling or letting them in their natural state or
after being worked or manufactured

• Sale or lease of movable effects, in their natural state or after being worked or manufactured

• Any transaction ancillary to or connected with any of the above acts.

o Presumption as to nature of act done by trader.

o Obligations arising from collision of vessels, assistance or salvage in case of wreck, stranding of
abandonment from jettison or average are likewise commercial matters.

o Any person capable of contracting any trade, unless the law precludes him from carrying on
trade.

o Every act of a trader shall be deemed to be an act of trade, unless from the act itself it appears
that it is extraneous to trade.

o A minor who has attained the age of sixteen years, may trade and shall be deemed to be a major
with regard to obligations contracted by him for purposes of trade.
The Moroccan law of trade entirely changed in 1996 with the use of the new Commercial Code. Many
aspects changes in compliance with international best practice. The rights of creditors in the
proceedings are however limited, which impedes the effectiveness of the new system in a context
where insolvency judges and administrators may lack the necessary training.

The changes made in the commercial courts in 1997 have improved the treatment of commercial and
credit-related cases. It is recognized as being more coherent and efficient, but credit and banking-
related issues as well as insolvency need more effort.

B. Sources of Commercial Law:

a) The Law :

The commercial code was formed by the Dahir of the 12 August 1913, it is inspired from the French
code. All texts have been inspired by French ones. However, the institution of the commercial ledger
(registre de commerce) rose from the Suisse and German laws.

It is composed of many books, and every book is devoted to something. For example, the book one carry
on commerce in general and especially about the selling of goodwill, capital societies, industrial
property, commercial property, and the S.A.R.L.

b) The Practices or Usages :

The practices are very important when we talk about commerce. According to the Dahir, the practices
are applicable if they do not contradict the fundamental principles of the commercial law.

C. Specificities and Functions of the Commercial Law:

a) Enterprise Law:

Enterprise soul is omniscient in the commercial law. To be sure the altruism of a venture must be
managed in a particular way. It is the business soul that legitimizes rules adaptability since impediments
to partnerships' activities must be constrained. Note here the critical significance of corporate riches
expressed previously. Agreement is a fundamental methods for compromise. As a matter of fact, the
gatherings should be altogether fulfilled opposite the arbitrage. Following a similar thinking, the
centrality of adaptability in business law is legitimized. Another component of commercial law that
directs ventures is the constrained laps of time that is taken for critical thinking. What merits specifying
is the contrast between the times spent in civil cases and that spent in commercial cases. Moreover, the
due date for remedy is shorter and also confirm opportunity.

b) Law for Professionals:

In the commercial law we have many actors: the professionals, primarily industries and merchants. This
feature allows understanding the sharpness of commercial law penalties. When the struggle occurs
between an individual (consumer) and a professional, a change of rules arises. The issue of balancing
between both parties rights requires substituting to commercial law the solutions resulting from civil law
judgments. They are considered to be more protective toward citizens.

Commercial courts were initially an idea of the king Hassan II on June 1993. The purpose behind creating
commercial court was to relieve the courts of first instance from the responsibility of treating with
commercial cases because they need special trained judges and they last for long time. These courts
were called exceptional courts because they do not deal with all cases. They mainly treat with
commercial cases, but not all of them. Lower courts deal also with some commercial cases. Commercial
courts were established in Morocco in 1997 and they started functioning in May 1998. Commercial
courts include both first instance commercial courts and commercial courts of appeal. Actually, there
are eight commercial courts; one in each of Rabat, Casablanca, Fez, Tangier, Marrakech, Agadir, Oujda
and Meknes. There are only three commercial courts of appeals in Casablanca, Fes and Marrakech.

Indeed, commercial courts in Morocco are composed of the following:

• A president, vice-presidents and magistrates.

• A “Ministère Public” in the person of the King’s general prosecutor and others in the name of his
substitutes.

• An office registry and a “Ministère Public” secretary. One clerk of the court’s office and one
secretary of the Public Prosecutor.

• An audience.