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Moroccan Law

HBM Lawyers has a specialized practice for Moroccan law. We are the only practice in the Netherlands and one of the few practices in Europe offering full-service legal assistance in Moroccan law. We handle virtually all areas of law within Moroccan law and support clients with both national and international issues.

HBM Juristen supports individuals, entrepreneurs, and (semi-)governmental bodies in various countries with, among other things, family law, inheritance law, corporate law, employment law, real estate law, contract law, criminal law, administrative law proceedings, and civil disputes in Morocco.

Through our years of experience, local presence, and collaboration with independent partners and lawyers in Morocco, we can guide clients from initial advice through to procedures, negotiations, and practical implementation on-site.

Many cases have a cross-border nature and concern both Dutch and Moroccan law. HBM Juristen combines this expertise and acts as a central point of contact for clients who need a clear, fast, and practical approach.

Our working method is based on a regular cooperation with contracted lawyers and lawyers in Morocco. Our colleagues are familiar with the legal culture, the state of affairs within courts, administrative authorities and Alternative Dispute Resolution. The combination of local expertise and international coordination ensures a stable and reliable legal framework, both for individuals and companies.

The continuous interaction between the Netherlands and Morocco creates an effective cross-border structure in which knowledge of both legal systems is integrated. This enables us to assist clients in disputes, investment projects, family law proceedings, contract formation and corporate law processes. We work with clear agreements, transparent communication and legal precision, with an eye for the social, administrative and cultural context of Morocco.

Civil Law and inheritance law

Civil law is governed by, among others, Moroccan family law and Law No. 39-08 on the Code of Real rights. This jurisdiction covers real estate issues such as ownership, sale and acquisition of real estate, including all related rights in REM such as usufruct, leasehold and mortgages.

Our services include legal advice, litigation representation, the execution of various procedures and Islamic inheritance law rules in the case of an estate.

Our civil law work is based on the Moroccan family code and the law on property rights (No. 39-08) and includes:

  • Purchase, sale and transfer of ownership of real estate
  • Inheritance procedures, valuation of assets and application of wills
  • Application of Islamic inheritance law upon death

Business law

In the field of Corporate Law in Morocco, HBM Lawyers offer specialized support to companies active in or connected to the Moroccan market. Our guidance focuses on both the establishment and protection of companies, with attention to local legal requirements, administrative procedures and commercial practice.

We advise and represent companies at, among others:

  • Creation of legal entities and assessment of contractual obligations
  • Commercial disputes with suppliers, customers or business partners
  • Protection of trade names, trademarks and other corporate identity
  • Issues related to directors ' liability and internal governance
  • Early identification and management of financial risks to prevent bankruptcy situations

Family law

Moroccan family law is governed by the Moudawana (Family Code), which establishes the legal frameworks and procedures for, among other things, marriage (Article 65 et seq.), both between Moroccan citizens and mixed marriages, divorce in its various forms (including talaq and khol', Article 71 et seq.), custody arrangements (Hadana, articles 163-186), inheritance and property settlement (article 321 et seq.), and alimony disputes.

Our specialist lawyers and lawyers are experienced in the application of the Moudawana, representing clients at hearings, collecting and presenting evidence, conducting defence or litigation where necessary, and assisting in negotiations to resolve disputes amicably where possible.

Our services include:

  • Marriage between Moroccan and / or international parties (art. 65 CE).
  • Divorce, including talaq and khol ' (art. 71 CE).
  • Child care and guardianship (Hadana) (art. 163–186)
  • Alimony, inheritance and division of property (art. 321 e.c.).

Banking law and consumer protection

We handle credit and recovery files on the basis of the relevant banking legislation and advise on consumer rights according to consumer protection legislation. We handle disputes about financing, contractual obligations, banking products and real estate transactions.

Our services cover the interests of both financial institutions and consumers. We assist clients in a. o. about:

  • Collection and credit files in accordance with Act No. 103-12
  • Consumer rights based on Law No. 31-08, such as the right of withdrawal (art. 151)
  • Financing issues, real estate transactions and contractual disputes

Intellectual property rights (IP law)

We take care of the registration, protection and enforcement of IP rights such as trademarks, patents and trade names, and advise on licensing, operation and legal proceedings. Based on Law No. 17-97, we protect the intellectual property of our clients, including:

  • Patents (art. 16 CE).
  • Trademark rights (art. 133 CE).
  • Trade names (art. 177 CE).
  • Registration and IP strategy
  • Licensing and operating advice
  • Infringement enforcement and court proceedings

Customs and International Trade

Customs procedures in Morocco are mainly governed by the Customs Code and Excise Regulations (Code des Douanes et Impôts Indirects), as administered by the administration des Douanes et Impôts Indirects (ADII).

Our support is aimed at both companies and individuals and includes:

  • Legal advice on import / export projects and logistics chains
  • Analysis of customs documentation and compliance with import or export regulations
  • Assistance in disputes or seizures by customs
  • Representation in administrative appeal proceedings and court appeals
  • Optimization of tax customs duties and application of trade agreements

Financial law and tax law

We assist clients with a wide range of tax and financial issues, with the aim of achieving an optimal tax result within the limits of the law.

We assist clients in tax and financial matters to ensure:

  • Tax optimization within the legal framework
  • Disputes with tax authorities, including negotiations and legal proceedings
  • Compliance with the general tax code

Labour law

We assist clients in the pre-contractual, contractual and post-contractual stages of the employment relationship, including dismissal proceedings, wage claims, absence and employment contracts.

Employment law is applied by us within three phases:

Pre-contractual: negotiations, risk analysis and drafting of employment contracts.

Contractual: execution or modification of employment contracts, including issues such as job description, working hours, leave entitlements and organizational restrictions.

Post-contractual: assistance in the termination of employment contracts, both by mutual agreement and in disputes.

Legal advice Moroccan law

HBM Juristen offers specialized legal advice within the legal system of Morocco. Our lawyers and lawyers are fully equipped to advise clients in a wide range of Moroccan jurisdictions, including civil law, family law, business law, employment law, customs law, intellectual property rights and tax regulations.

We analyse the relevant facts and documents, apply the applicable Moroccan laws and regulations and provide clear, systematic and practical advice.

Criminal law

HBM Juristen provides specialized legal advice within the criminal law of Morocco. We focus on the assessment of criminal files, the analysis of applicable legislation and the explanation of the procedural steps within the Moroccan criminal process.

Our services consist exclusively of legal advice: we analyze the facts, point out risks and opportunities within Moroccan criminal law and offer clients a clear framework to make further decisions.

Islamic doctrine

In the Moroccan legal system, sharia, or Islamic jurisprudence, plays an important role as a reference source for specific areas of law, in particular within personal and family law. Although General Moroccan law is codified within a civil law tradition that relies heavily on modern constitutional principles, sharia remains the normative basis for provisions relating to marriage, divorce, guardianship, succession and other parts of family law.

Our practice has in-depth and up-to-date knowledge of both Moudawana and the underlying sharia principles, enabling us to effectively advise and represent clients on cross-border family law issues and situations in which Islamic law plays a decisive role.

Thanks to this specialized expertise, we can clearly structure complex issues and develop legal strategies that are in line with Moroccan legal practice and the expectations of our international clients.

Want to know more about our services? Our lawyers are happy to help you. Contact us for a free introduction.

Want to know more? Contact us

Our lawyers are ready to help you. Please contact us for a free conversation.

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