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Le contentieux de l'impayé : approche comparative entre la France et le Maroc

Abstract : Litigation of outstanding plays an important role in personal relationships of the individual, whether civil or commercial. It’s omnipresence in all courts, is likely to affect not only the health of the economy, but also the legal mechanisms. From the outset, the analysis of the outstanding litigation in France and Morocco refers us to observe a recession and a respective increase of this type of litigation in the courts the past few years. Indeed, this type of litigation keeps getting increased in front of all Moroccan courts that are more and more crowded by the litigation and that knows an explosive outstanding phenomenon. The increase related to the unpaid cases is not a phenomenon of circumstances, and is not related to the current economic crisis. It results from an unprecedented increase in the outstanding and a recovery mode that unconditionally supports the justice. In France, the situation is quite different. Indeed, the decline of the outstanding litigation in civil and commercial courts is not the result of chance or purely accidental causes but it’s likely the result of a synergistic combination of different factors. It is a combination of several laws, processes and techniques that have contributed to this decline. In addition, the exploration of the positive or negative trends in litigation is not only a suitable way to understand the origin and foundation of the unpaid but also a reliable indicator to the systemic approach adopted for the recovery of claims in both countries.
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Submitted on : Monday, September 16, 2013 - 1:01:25 AM
Last modification on : Friday, October 22, 2021 - 4:52:59 AM
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  • HAL Id : tel-00862071, version 1


Zakaria Bouabidi. Le contentieux de l'impayé : approche comparative entre la France et le Maroc. Droit. Université de Toulon; Université Abdelmalek Essaâdi (Tétouan, Maroc), 2013. Français. ⟨NNT : 2013TOUL0070⟩. ⟨tel-00862071⟩



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