The foreign entrepreneur who intends to sell their products in Morocco must always have in mind to promptly specify which law is applicable to the sales contract. In fact, the Kingdom of Morocco has not ratified the 1980 Vienna Convention on Contracts for the International Sale of Movable Property (CISG) and, consequently, identifying the law applicable to the relationship may not be an easy task when the buyer is in default. In fact, the Moroccan Civil Code does not expressly provide for the possibility for the seller to reserve ownership of the goods sold until full payment of the price. This means, therefore, that any clauses containing such a provision could not be fully accepted by the Moroccan judicial authorities if the contract were to be governed by Moroccan law. On the contrary, the Moroccan legal system fully recognizes the Incoterms terms, which, therefore, can be legitimately referred to when concluding a sales contract with a Moroccan partner. For the remaining part, the sales discipline does not differ from internationally recognized customs and practices.
Note the following:
This website and the information contained therein have been developed and provided by the Studio Legale de Capoa for information purposes only.This website is not intended to be, and does not replace, legal assistance. Do not use any information contained in these pages as a source of legal advice.This website contains direct links to sites that have not been prepared by the Studio Legale de Capoa. These links are offered as a courtesy. Studio Legale de Capoa has no relationship with them, and their mention does not imply validation or approval. Studio Legale de Capoa is not responsible for the contents of all linked sites or for all links contained in linked sites.This website is not for advertising purposes. Studio Legale de Capoa does not intend to represent anyone seeking representation on the basis of the review of this website in any place where it does not comply with all laws and ethical rules. No lawyer-client relationship is established between the users of the site and the de Capoa Law Firm.