Tort law at Morocco
Tort law in Morocco is primarily governed by the Dahir (Royal Decree) of Obligations and Contracts (DOC), which is the central source of civil law in the country. Morocco follows a civil law system heavily influenced by the French legal tradition, meaning tort law is codified rather than based on judicial precedent.
Key Features of Tort Law in Morocco:
1. General Principles (DOC Articles 77–106)
These articles lay out the foundation of civil liability (responsabilité civile délictuelle):
Article 77 DOC: Establishes that any act that causes unjust harm to another obliges the person at fault to repair the damage.
Article 78 DOC: Extends liability to include intentional and negligent acts. This includes both direct actions and omissions.
Article 79 DOC: Provides for state liability for harm caused by public officials in the exercise of their duties.
2. Types of Fault
Personal fault (faute personnelle): When a person acts negligently or wrongfully.
Presumed fault: Certain relationships or situations (e.g., parent-child, employer-employee) can lead to presumed liability unless proven otherwise.
3. Strict Liability
There are instances of liability without fault, such as:
Damage caused by things under one’s control (similar to liability for things in custody).
Vicarious liability for acts of others (e.g., employer responsibility for employees' actions).
4. Compensation for Damages
The victim of a tort may claim:
Material damages: Financial losses (e.g., medical bills, property damage).
Moral damages: For pain, suffering, or defamation.
Courts in Morocco have discretion in determining the extent of damages and compensation.
5. State and Public Entity Liability
Morocco recognizes the liability of the state and public institutions for wrongful acts committed by their agents.
This can include harm caused by police, public hospital staff, or municipal employees.
6. Judicial Process
Tort claims are brought before civil courts, and the burden of proof generally lies with the claimant. Expert opinions are often used to assess damages, especially in personal injury cases.
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