New Book: “Action for Repayment in Moroccan and Comparative Civil Law” by Dr. Adel Azrgan
Restitution in Moroccan Civil Law: A New Book Explores a Foundational Legal Concept
A groundbreaking new book delving into the concept of restitution in Moroccan civil law has just been released, promising to be an essential resource for legal scholars and practitioners alike. Authored by Dr. Adil Azrarkan, “Restitution in Moroccan and Comparative Civil Law: A Fundamental and Practical Study in Light of Modern Legislative and Judicial Trends” was recently published by Salma Cultural Library in Tetouan.
The book, born from Dr. Azrarkan’s doctoral thesis defended at the Faculty of Law, Economics and Social Sciences at Sidi Mohamed Ben Abdellah University in Fez, was highly praised by the dissertation committee. Recognizing the significant contribution to both national and international legal discourse, the committee strongly recommended its publication.
What is Restitution in Civil Law?
Restitution, in essence, refers to the legal remedy where a court orders the return of something to its rightful owner. This “something” can be a physical object, like a piece of property, or something less tangible, like financial compensation. It’s about restoring parties, as much as possible, to the positions they were in before a particular action or event occurred.
Dr. Azrarkan’s work tackles the complexities of restitution within the framework of Moroccan civil law, meticulously analyzing its application across a range of legal situations. The book explores restitution in the context of:
Contracts and Quasi-Contracts: Examining how restitution plays out when agreements are breached or when obligations arise outside of formal contracts.
Nullity and Annulment: Analyzing the role of restitution in situations where contracts are deemed invalid or voidable.
Possession: Investigating how restitution principles apply to disputes over the possession of property.
A Unique Approach to a Complex Issue
A key argument woven throughout the book is the distinct and independent nature of restitution within Moroccan civil law. Dr. Azrarkan posits that restitution should be understood as a separate legal concept, distinct from other legal remedies like:
Rescission: While both involve unwinding agreements, rescission typically applies to contracts deemed unfair or entered into under duress.
Damages: Unlike damages, which aim to compensate for losses, restitution focuses on restoring parties to their pre-existing positions.
To support this assertion, the book draws on a wealth of resources, including:
Moroccan legal texts and codes: Providing a solid foundation in the written law of the land.
Jurisprudence: Analyzing relevant Moroccan and international court decisions to illustrate the practical application of restitution principles.
Legal scholarship: Engaging with existing academic debates and contributing fresh perspectives to the ongoing discourse.
Dr. Azrarkan’s book promises to be a valuable addition to the field, offering a comprehensive and insightful exploration of a foundational legal concept. Its publication marks a significant contribution to the understanding and application of restitution within the Moroccan legal system.
