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La prévention et le règlement amiable des difficultés des entreprises en droit comparé franco-marocain

Abstract : The difficulties faced by the companies can lead to important consequences and a potentialdiscontinuance of business if not considered at an early stage.The Moroccan legislator, considering that the saving of the companies is of the essence, hasdrawn his inspiration from the French Law enacted on March 1st 1984 in order to set up in1996 prevention and amicable settlement procedures.The prevention principle first of all relies on internal and external warnings, allowingdifficulties prediction at an early stage. The purpose is to establish a dialogue betweensupervisory committees and corporate management in order to agree on a concerted step.The amicable settlement, which is a contractual and confidential mechanism, grants the rightto corporate managers to appoint a conciliatory to negotiate an amicable settlement with thecreditors in order to optimize the company recovery.Nevertheless, investigations in Morocco have demonstrated that this prevention mechanism iseither unrecognized or weakly used by corporate managers, mainly because this mechanism isnot in line with the economical, social and cultural context. Between 1994 and 2008, theFrench legislator has amended the bankruptcy proceedings which can be considered as anexample. An in-depth reform of Moroccan laws relating to prevention and amicablesettlement procedure is necessary as well for further efficiency and accessibility.
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Saida Bachlouch. La prévention et le règlement amiable des difficultés des entreprises en droit comparé franco-marocain. Droit. Université Paris-Est, 2012. Français. ⟨NNT : 2012PEST0037⟩. ⟨tel-00846693⟩

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