Your questions, answered by a lawyer in Rabat

By phone on +212 808-507367 or by email at cabinetlahfaia@gmail.com, Monday to Friday from 9:00 am to 6:00 pm. The firm is located at 69 rue Tansift, apartment 6, in Agdal (Rabat). Initial consultations can also be held by video call.

Yes. The firm assists its clients in domestic and international arbitration: drafting arbitration clauses, representation before arbitral tribunals, and then exequatur or an application to set aside the award before the competent courts, in accordance with Law No. 95-17. It also acts in conventional mediation.

Fees are freely agreed between the lawyer and the client, depending on the nature of the matter, its complexity and the time involved. Before any engagement, the firm offers a written fee agreement (fixed fee, hourly rate or an additional success fee), in accordance with Law No. 66-23 on the organisation of the legal profession.

The firm appears before the courts of the Kingdom, in line with the judicial organisation: Courts of First Instance, Commercial Courts, Administrative Courts, Courts of Appeal and the Court of Cassation.

Yes. The firm regularly handles matters for Moroccans resident abroad (MRE) and foreign investors: divorce and inheritance handled remotely, exequatur of judgments, property acquisitions and company formation, with communication in French and Arabic and a suitable power of attorney.

Representation by a lawyer is mandatory before the Commercial Courts, the Courts of Appeal, the administrative courts and the Court of Cassation. Before the Court of First Instance it is optional in certain matters, but strongly recommended given how technical the procedure is.

Advice means analysing your situation, drafting an opinion or a document and securing your decisions in advance. Representation means acting on your behalf before the courts and public authorities. The firm handles both, often one after the other in the same matter.

You explain your situation and provide the relevant documents. Maître Lahfaia identifies the legal issues, the available options and the deadlines to meet, and proposes a strategy with a cost estimate. Professional secrecy applies from this very first discussion.

Yes. Urgent procedures (summary proceedings, assistance in police custody, challenges to an attachment or an eviction) are given priority. Contact the firm by phone and make clear that your request is urgent.

Proof of identity, the contracts or deeds concerned, correspondence, any court decisions or official letters already received, and any evidence of dates (acknowledgements of receipt, notifications). The more complete the file, the more precise the analysis.

The deed of sale of a registered property must be drawn up by a notary or by a lawyer admitted before the Court of Cassation (art. 4 of Law No. 39-08). The firm prepares the preliminary sale agreement, carries out the checks at the Land Registry and advises you on the appropriate form of deed.

Disputes between traders relating to their commercial activities fall within the jurisdiction of the Commercial Courts (Law No. 53-95). In Rabat, the Rabat Commercial Court hears the case at first instance; appeals go to the Commercial Court of Appeal for the district.

In commercial matters, evidence may be adduced by any means (art. 334 of the Commercial Code), but a written contract remains essential to set out obligations, deadlines, penalties and the competent court. The firm always recommends a written contract and, where appropriate, an arbitration or mediation clause.

Since Law No. 24-10, there is no minimum share capital for an SARL: the amount is freely set in the articles of association. It should nevertheless be consistent with the business, since manifestly inadequate capital exposes the partners if the company runs into difficulty.

With a complete file (negative certificate, articles of association, registered address, forms), registration in the Trade Register through the Rabat-Salé-Kénitra Regional Investment Centre (CRI) is usually obtained within a few working days. The firm prepares and files all the documents.

An arbitration lawyer advises and represents a party in arbitration proceedings, a method of resolving disputes through arbitrators chosen by the parties rather than through the state courts. The lawyer drafts the arbitration clause, conducts the proceedings before the arbitral tribunal, and then pursues the exequatur of the award or its annulment before the competent courts.

Most contractual and commercial disputes, whether domestic or international. Matters of personal status and legal capacity and rights that cannot be freely disposed of are excluded. Disputes relating to contracts entered into by legal persons governed by public law may be arbitrated, except for excess of power and tax matters (Law No. 95-17).

Arbitration proceedings are not public, unlike a court hearing. Confidentiality can be reinforced by an express provision in the arbitration clause or by the rules of the chosen arbitration centre.

The cost includes the arbitrators' fees, the arbitration centre's charges where applicable, and the lawyer's fees. It depends mainly on the amount in dispute and the number of arbitrators. The firm provides an estimate at the first meeting, together with a written fee agreement.

After a formal notice sent by registered letter or through a bailiff, a creditor holding a written document (accepted invoice, contract, cheque, acknowledgement of debt) can apply to the judge for a payment order (art. 155 et seq. of the Code of Civil Procedure), a fast and inexpensive procedure. Without a written document, proceedings on the merits must be brought.

Obligations arising between traders, or between traders and non-traders in the course of their trade, are time-barred after five years (art. 5 of the Commercial Code), unless shorter special provisions apply.

Divorce by mutual consent is the fastest, often a few weeks after the attempt at reconciliation. Divorce for discord (chiqaq) must in principle be decided within six months of the application (art. 97 of the Family Code). Actual timescales depend on the court and on any expert reports.

Custody (hadana) is granted first to the mother, then to the father, then to the maternal grandmother (art. 171 of the Family Code), with the child's best interests remaining the judge's decisive criterion. The non-custodial parent keeps visiting rights and the father's legal guardianship continues.

The general period is fifteen years (art. 387 of the DOC). Shorter periods exist, for example two years for certain payment claims by suppliers, doctors or lawyers (art. 388) and five years in commercial matters.

Yes. Article 77 of the DOC expressly covers material or moral damage caused to others. The judge has sole discretion to assess the amount of compensation on the basis of the evidence produced.

Yes. Article 4 of Law No. 39-08 requires, on pain of nullity, that deeds transferring real property be executed as an authentic instrument or as a deed with a certain date drawn up by a lawyer admitted before the Court of Cassation. The firm advises you on the most suitable form.

A recent certificate of ownership issued by the Land Registry (mortgages, attachments, provisional registrations), planning compliance, the tenancy situation, co-ownership charges and taxes. A preliminary agreement drafted by a lawyer protects your deposit.

An application for annulment for abuse of power must be filed within sixty days of the publication or notification of the decision (art. 23 of Law No. 41-90). A prior administrative or hierarchical appeal interrupts this time limit. Once it has expired, only a liability claim remains possible.

The Rabat Administrative Court, whose jurisdiction covers in particular the Rabat-Salé-Kénitra region. Its judgments may be appealed before the Rabat Administrative Court of Appeal (Law No. 80-03).

Article 41 of the Labour Code sets damages at one and a half months' salary per year or part-year of service, capped at thirty-six months. In addition there is severance pay (arts. 52 and 53), payment in lieu of notice and, where applicable, the CNSS job loss allowance.

Claims arising from the employment contract are time-barred after two years (art. 395 of the Labour Code). An attempt at conciliation before the labour inspectorate is possible but not mandatory before bringing the case to the labour section of the Court of First Instance.

Issuing a cheque without sufficient funds is punishable by one to five years' imprisonment and a fine of 2,000 to 10,000 dirhams, which may not be less than 25% of the amount of the cheque (art. 316 of the Commercial Code), in addition to a banking ban. Prompt regularisation and a tailored defence make a considerable difference to the outcome.

Yes. The Code of Criminal Procedure guarantees the right to communicate with a lawyer from the start of police custody, a right strengthened by the recent reform of criminal procedure. The firm attends the police station or the gendarmerie.

In civil and commercial matters, the time limit for appeal is thirty days from notification of the judgment (art. 134 of the Code of Civil Procedure), reduced to fifteen days for summary orders. These time limits are strictly applied.

Yes, once an exequatur order has been issued by the president of the competent court in accordance with Law No. 95-17. The judge checks that an arbitration agreement exists and that the award is not contrary to public policy, without re-examining the merits.