Real Property Right’s Evolution: The Case of the Moroccan Law

Proceedings of The 4th International Conference on Modern Approach in Humanities and Social Sciences

Year: 2021

DOI:

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Real Property Right’s Evolution: The Case of the Moroccan Law

Badr GUELIDA

ABSTRACT: 

Real property right has witnessed tremendous transformations over time, due to social, political and economic conditions that societies have known. Since the French revolution in 1797, property right was regarded as a growth lever specially for policy makers and social scholars. A new theory states that property right has changed since the World War 2 in character and content. The interaction of the real property with social and economic conditions has impacted the structure of this right, namely “usus”. Compared to its traditional characteristics, property might be flexible and temporary. In Morocco, the property right is sacred. Article 35 of the Moroccan constitution stipulates that the right to property is guaranteed. Unfortunately, in reality the implementation of this constitutional disposition is not always straightforward. It is usually hindered by the existence of multiple legal texts governing real estate property. The main objective of this presentation will be first to analyze the new real estate property right’s theory, considering that the emergence of a new real property right will be in response to economic changes. This paper will tackle different aspects of the current fundamental transformation of the law of private property in Morocco, evaluating it from a distributive justice and a comparative perspective with other legal systems, specifically the common law.

keywords: Real property right; Moroccan law; economic law; constitution; jurisprudence.