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Questions and Answers
What is the primary focus of public law in a civil law system?
What is the primary focus of public law in a civil law system?
Which type of law deals with the rights and obligations of commerce professionals and their activities?
Which type of law deals with the rights and obligations of commerce professionals and their activities?
What is the source of Moroccan business law?
What is the source of Moroccan business law?
What is the primary distinction between acts of commerce by nature and acts of commerce by accessory?
What is the primary distinction between acts of commerce by nature and acts of commerce by accessory?
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What is the primary focus of labor law in a civil law system?
What is the primary focus of labor law in a civil law system?
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What type of commercial act involves both a trader and a non-trader?
What type of commercial act involves both a trader and a non-trader?
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In commercial law, what is presumed between traders when they commit themselves to the same creditor?
In commercial law, what is presumed between traders when they commit themselves to the same creditor?
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In commercial matters, what type of evidence is allowed?
In commercial matters, what type of evidence is allowed?
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What is the purpose of a formal notice in commercial law?
What is the purpose of a formal notice in commercial law?
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What is an advantage of arbitration in commercial disputes?
What is an advantage of arbitration in commercial disputes?
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Study Notes
Law Disciplines
- In civil law systems, a distinction is made between public law and private law.
- Public law governs the organization of public moral persons and their relationships with private persons.
- Public moral persons include the State, local collectivities, and public companies, and public law seeks to protect society's general interest.
- Public law provisions are mandatory and binding.
Private Law
- Private law governs the relationships between private physical and private moral persons.
- Private law seeks to protect private interests, and conflicts between parties are solved by courts.
Business Law
- Moroccan business law is a branch of private law that deals with business affairs.
- It is based on civil law provisions concerning obligations and contracts, as applied to the Code of Obligations and Contracts.
- Commercial law deals with the rights and obligations of commerce professionals and their activities.
Commercial Law
- Commercial law organizes all aspects of work, including:
- Working conditions
- Financial compensations
- Protection of employees
- Labor disputes
- Collective bargaining
- The act of commerce is carried out by a Trader in the exercise of their trade.
- There are four types of acts of commerce:
- Acts of commerce by nature
- Acts of commerce by accessory
- Acts of commerce by form
- Mixed acts of commerce
Classification of Acts of Commerce
- Acts of commerce by nature are habitual or professional exercises of activities listed in the Commercial Code.
- Acts of commerce by accessory require the person exercising the act to be a Trader and the act to be exercised on the occasion of their trade.
- Acts of commerce by form are subject to commercial law regardless of whether they are made professionally by a Trader or in isolation by a non-Trader.
- Mixed acts of commerce are practiced by a Trader and a non-Trader, with two sides: commercial for the Trader and civil for the non-Trader.
Legal Regime of Acts of Commerce
- The execution of acts of commerce has different rules than civil law, including:
- Evidence by any means
- Solidarity between traders is presumed
- Prescription of obligations is shorter
- Formal notice is an injunction addressed to the debtor to accomplish their obligation
- Traders have the choice of resorting to two kinds of commercial justice:
- Justice of the commercial courts
- Arbitral justice, which is a process by which parties invest private individuals or an organization with the task of settling their dispute.
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Description
Quiz on the distinction between public law and private law in civil law systems, including the role of public moral persons and the relationship between public and private entities.
