LA MOUDAWANA MAROCAINE PDF

8 févr. Une décennie après son adoption par le Parlement marocain, le nouveau Code de la famille (Moudawana) a consacré l’égalité entre les. This unofficial English translation of the Moroccan Family Law (Moudawana ) was prepared by a team of English and Arabic speaking lawyers and a. la moudawana marocaine pdf. Quote. Postby Just» Tue Aug 28, am. Looking for la moudawana marocaine pdf. Will be grateful for any help! Top.

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Of Marriage Categories and Provisions Title 6: Laa submission of the requisite msrocaine of money, the court issues the divorce decree. In the s, a financial crisis led King Hassan II to implement a program of structural adjustment that included some social reforms, leading to increased activity among political and civil society organizations.

In the exercise of these responsibilities, the legal representative shall be subjected to judicial supervision, in accordance with the provisions of the following articles. The form and the content of moudqwana register shall be defined in a decree by the Minister of Justice.

Article Division of property owned jointly by the ward and a third party shall be concluded by submitting a proposal to the court for approval, which shall be granted after the court has ascertained by expert appraisal that such division is not inequitable to the ward. Article Should any circumstances arise that render the organization of visits, as previously agreed upon by both parents or as determined by court decree, detrimental to either person or to the child, the terms of the visits may be revised and amended to take into miudawana the new circumstances.

Article A discerning young person may receive a portion of his property to manage on a probationary basis.

Article If the mission of the testamentary or court-appointed guardian comes to an end for reasons other than death or loss of civil capacity, she or he shall submit a financial statement with the requisite supporting documents within a deadline fixed by the Guardianship Judge and not to exceed thirty days, except in compelling circumstances. The court shall examine the submitted financial statement.

Article 7 No compensation is due for breaking off the engagement. Of Marriage Impediments Title 4: This page was last edited on 6 Novemberat Article No petition for an increase, or alternatively, a decrease in the agreed-upon or legally fixed maintenance shall be admissible before one year has elapsed, except in exceptional circumstances. In the existence of children, the court undertakes two reconciliation attempts separated by a minimum of 30 days.

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Article A prodigal person is one who squanders his money on trifles or on things reasonable people consider futile, in a way which inflicts harm on himself or on his family. Another new provision introduces of the right of divorce by mutual consent under judicial supervision. Supporters of the reforms point to broad support for them among Marocakne society, especially moudawaha women, and cite the new law as a successful example of a progressive reform framed in indigenous, Islamic principles.

Marriage is legally concluded by an offer expressed by one of the parties and acceptance by the other, in any accepted expression from which the meaning of marriage is inferred verbally or conventionally. Moral rectitude and trustworthiness; 3.

The Moroccan Family Code (Moudawana) of February 5, | HREA

Failing this, the court shall fix an amount of money to cover housing expenses to be deposited with the court as part of the vested rights due to the wife. Maternal filiation is deemed legitimate in cases of marriage, sexual relations by error and rape.

Inhe announced his intention to replace the code entirely, citing his authority as both spiritual and political leader of the nation, and by Januarythe Moroccan parliament ratified the new version. Article In the absence of the mother and a testamentary guardian, the court shall appoint a legal guardian for the ward, selecting the most qualified person from among the agnates, failing that, among other relatives, and if not, from among other persons.

Traditionalists felt only the king had the right to change the law and the modernists felt that the king had the right to exercise ijtihad and ultimately decide the role that Islamic law would play in Morocco’s legal framework. Article Child custody shall be awarded first moudaana the mother, then to the father, then to the maternal grandmother of the child.

En dix ans, la Moudawana a tout changé,mais les féministes veulent aller plus loin

Article Custody preserves the child from harm and ensures his or her education and the protection of his or her interests. Article 56 The invalid marriage is either null and void or defective. He or she shall act in the same way regarding an insane person until the guardianship is removed by court decision.

Article The mqrocaine that are issued by the Guardianship Judge in accordance with Articles,and are open to appeal. This agreement is indicated in a written document separate from the marriage contract.

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Of the Effects of the Dissolution of the Marriage Contract.

This code further al that human and citizenship rights are accorded to all Moroccans, women and men equally, in respect of the holy divine religious references. If the husband has the right of repudiation, the wife may also avail herself of this right through tamleek assignation. In Morocco’s rural and underdeveloped areas, legal equality is perceived as less of an immediate priority than basic, everyday needs.

Le Matin – En dix ans, la Moudawana a tout changé,mais les féministes veulent aller plus loin

On the basis of the Constitution, notably Chapters 26 and 58, We issued our Sherifyan Order with the following:. His or her legal representative may also request the court to declare the majority of the minor who has attained the aforementioned age, if the minor demonstrates signs of majority. Article The legal waiting period is mandatory only when the marriage has been consummated and real intimacy has occurred, or upon the death of the husband.

The testament shall be submitted to a judge for verification and approval upon the death of the father.

la moudawana marocaine pdf

Retrieved 27 November The proliferation of civil society organizations flourished even more in the s, due in part to King Hassan II’s active support for them, which reflected a worldwide trend of civil society promotion. Article 13 The conditions required to contract marriage are: Article If the woman is in a precarious financial situation, the compensation for divorce shall not be exchanged from funds reserved for the children or their maintenance.

Of Custody Title 3: If the child has not attained the age of seven years; or if such a separation may inflict harm on him or her; 2.

Each party has the right to break off the mqrocaine. Article 2 The articles of this Moudawana apply to: Article Any divorce granted by the court is irrevocable, with the exception of cases of divorce on the grounds of abandonment and non maintenance. Article Legal representative in this code means: Article If the spouses agree on the principle of divorce in exchange for compensation, yet disagree on its amount, the case shall be brought before the court to attempt reconciliation. The “Woman Question” in Question”.