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LAW N ° 31-08 ESTABLISHING MEASURES
CONSUMER PROTECTION
UNOFFICIAL TRANSLATION

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PREAMBLE
This law constitutes a complementary framework of the legal system in matters of
consumer protection, through which their fundamental rights are reinforced,
especially :
- the right to information;
- the right to the protection of one's economic rights;
- the right to representation;
- the right to withdrawal;
- the right to listen.

TITLE ONE
SCOPE
First article

The purpose of this law is:
- To ensure the appropriate and clear information of the consumer on the products, goods or
services that it acquires or uses;
- To guarantee the protection of the consumer with regard to the clauses contained in the
consumption, in particular unfair terms and those relating to financial services,
consumer and real estate loans, as well as clauses relating to advertising,
distance and door-to-door sales;
- To fix the legal and contractual guarantees of the defects of the thing sold and of the service
after-sales service and to set the conditions and procedures relating to the compensation of
damage or injury that may affect the consumer;
- To ensure the representation and defense of consumer interests through
consumer protection associations operating in accordance with the provisions of
this law.
However, all specific legislative provisions relating to the
same object and more favorable to the consumer.
Article 2
This law defines the relationship between the consumer and the supplier.
By consumer is meant any natural or legal person who acquires or uses
for the satisfaction of its non-professional needs for products, goods or services which are
intended for personal or family use.
The supplier is defined as any natural or legal person who acts within the framework of
of a professional or commercial activity.
Persons governed by private law, delegated to the management of a public service, are
subject to the obligations imposed on the supplier by this law.
Legal persons governed by public law are subject to the obligations imposed on
supplier, subject to the rules and principles governing the public service activity
that they manage.

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TITLE II
CONSUMER INFORMATION
First chapter
General information obligation
Article 3
Any supplier must, by any appropriate means, enable the consumer to
know the essential characteristics of the product, good or service as well as the origin
of the product, or of the good and the expiry date, if applicable, and provide the
information likely to enable him to make a rational choice taking into account his
needs and means.
To this end, any supplier must in particular by way of marking, labeling,
display or by any other appropriate process, inform the consumer about the prices of
products and goods and prices of services, and provide the user manual and manual
of use, the warranty period and its conditions as well as the special conditions of the
sale or performance of the service, and where applicable, any limitations on the
contractual liability.
The terms of information are set by regulation.
Article 4
The supplier is also required to issue an invoice, receipt, sales receipt or
any other document in lieu of any consumer who has made a purchase transaction
and this, in accordance with the tax provisions in force.
The information that the aforementioned invoices, receipts, tickets and documents must
contain, are set by regulation.
Article 5
Indication of the price or tariff, the information of which is mandatory in application of
article 3 above, must include the price or the overall tariff to be paid by the consumer y
including value added tax, all other taxes, as well as the cost of all services
to be paid in addition by the consumer.
Article 6
Any product or property offered for sale must be accompanied by a
label, the content and form of which are fixed by regulation.
Article 7
In fixed-term subscription contracts, the supplier must remind
in writing to the consumer, by any means justifying receipt.
1) in the event of non-tacit renewal of the contract: the term of this one month at least
before the expiry date of the said contract;
2) or, in the event of tacit renewal: the period during which the consumer can exercise
its option not to renew the contract, at least one month before the start of the said period.
In the event of a tacit renewal clause, when this information has not been sent
to the consumer in accordance with the provisions of 2) of the first paragraph above, the latter
may, without having to justify himself or to pay penalties, terminate the contract at any time
from the date of renewal.

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Article 8
When all or part of a contract must be in writing, the supplier
is required to have as many copies drawn up as necessary and to deliver at least one to the
consumer.
Article 9
In the case of contracts where all or certain clauses offered to the consumer
are written, these clauses must be presented and written in a clear manner and
understandable to the consumer. If in doubt about the meaning of a clause,
the interpretation most favorable to the consumer prevails.
Article 10
The supplier undertakes to indicate to the consumer, before the conclusion of the contract, the
period during which spare parts and parts essential for the use of
products or goods will be available in the market.
Article 11
Any supplier must provide any interested person who requests it with a
copy of the conventions it usually offers.

Chapter 2
Information on delivery times
Article 12
In any contract having as its object the sale of products or goods or the supply of a
provision of service to a consumer, the supplier must, when the agreed price or tariff
exceeds a threshold set by regulation and that the delivery of the products or goods or
the performance of the service is not immediate, specify in writing the deadline by which it is
undertakes to deliver products or goods or to perform the service at the level of the contract, the
invoice, sales receipt, receipt or any other document issued to the
consumer.
Article 13
Notwithstanding any contrary contractual provisions and without prejudice to the provisions
articles 259 and 260 of the Dahir of 9 Ramadan 1331 (12 August 1913) forming the Code of
Obligations and Contracts, if the period mentioned in article 12 above is exceeded by 7 days
and when the delay is not due to a case of force majeure, the consumer has, without
recourse to justice, the option of automatically resolving the commitment binding it to the supplier
relating to the goods not delivered or the service not performed, by any means justifying the
reception.
The consumer exercises this right within a maximum period of 5 days after expiry of the
7-day period provided for in the first paragraph above.
This commitment is then deemed to be resolved upon receipt by the supplier of the notice which it receives.
is sent, provided, however, that the delivery of the goods or the performance of the service is not
between the service of said notice by the consumer and its receipt by the
provider.
Article 14
In the event of resolution as carried out under the conditions provided for in Article 13, the
sums paid in advance by the consumer must be reimbursed by the supplier
within a period not exceeding 7 days from the date of receipt of the aforementioned notice. AT
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from the 8 th day, this sum is productive of right interest at the statutory rate
force for the benefit of the consumer, without prejudice to the latter's right to claim
damages and interests.

TITLE III
CONSUMER PROTECTION
AGAINST ABUSIVE CLAUSES
Article 15
In contracts concluded between supplier and consumer, is considered as
abusive any clause the object or effect of which is to create, to the detriment of the consumer,
a significant imbalance between the rights and obligations of the parties to the contract.
Without prejudice to the provisions of articles 39 to 56 of the dahir of 9 Ramadan 1331 (12 August
1913) forming the Code of Obligations and Contracts, these provisions are applicable whatever
either the form or the medium of the contract. This is particularly the case with order forms,
invoices, warranty certificates, delivery slips or slips, tickets or tickets, containing
stipulations negotiated freely or not or references to pre-established general conditions.
Article 16
Without prejudice to the rules of interpretation provided for in articles 461 to 473 of the Dahir of 9
Ramadan 1331 (August 12, 1913) forming Code of Obligations and Contracts, the abusive character
of a clause is assessed by referring, at the time of the conclusion of the contract, to all
circumstances surrounding its conclusion, as well as all other clauses of the contract. He
is also assessed with regard to those contained in another contract when the conclusion
or the execution of these two contracts are legally dependent on each other.
Article 17
The assessment of the abusive nature of a clause within the meaning of Article 16 above does not
neither on the definition of the main object of the contract nor on the adequacy of the price or
remuneration for the good sold or the service offered, provided that the clauses are drafted
clear and understandable way.
Article 18
Subject to the application of special legislation and or the appreciation of
courts, and in an indicative and not exhaustive way, can be regarded as abusive, if
they meet the conditions provided for in Article 15 above, the clauses having as their object or
for effect:
1) in sales contracts to remove or reduce the right to compensation for the
consumer in the event of failure by the supplier to fulfill any of his obligations;
2) to reserve for the supplier the right to unilaterally modify the characteristics of the
product, good to be delivered or service to be provided.
However, it may be stipulated that the supplier can make changes related to
technical development, provided that neither an increase in prices nor an alteration of the
quality and that the clause reserves the possibility for the consumer to mention the
characteristics to which it subordinates its engagement;
3) To exclude or limit the legal liability of the supplier in the event of the death of a
consumer or bodily injury caused to him, resulting from an act or a
omission of the supplier;

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4) To exclude or inappropriately limit the legal rights of the consumer vis-à-vis
vis-à-vis the supplier or another party in the event of total or partial non-performance or
faulty performance by the supplier of any of the contractual obligations, including
including the possibility of offsetting a debt to the supplier with a claim that he
would have against him;
5) To provide for a firm commitment from the consumer, while the execution of
the supplier's commitment is subject to a condition, the fulfillment of which depends on its
only will;
6) To impose on the consumer who does not fulfill his obligations an indemnity of one
disproportionately high amount or the accumulation of several indemnities;
7) To authorize the supplier to terminate the contract on a discretionary basis if the same
option is not recognized to the consumer, as well as to allow the supplier to retain
sums paid for services not yet performed by him, when it is
supplier himself who terminates the contract;
8) To authorize the supplier to terminate a term contract without reasonable notice
indefinite, except for serious reasons;
9) To automatically extend a fixed-term contract in the absence
contrary expression of the consumer, while a date excessively far from the end of the
contract has been set as the deadline to express this desire not to extend the
consumer share;
10) To establish irrefutably the consumer's adherence to clauses whose
he did not have the opportunity to take cognizance before the conclusion of the
contract;
11) To authorize the supplier to unilaterally modify the terms of the contract without
valid reason specified in the contract and without informing the consumer;
12) To provide that the price or tariff of products, goods and services is determined at the
at the time of delivery or at the start of the performance of the service, or to grant the supplier the
right to increase their price or tariff without, in both cases, the consumer having to
corresponding right allowing him to terminate the contract in the event that the final price or tariff is
too high in relation to the price or tariff agreed upon when the contract was concluded;
13) To grant the supplier, alone, the right to determine whether the product or good delivered or the
service provided complies with the stipulations of the contract or confers on it the exclusive right
to interpret any clause of the contract;
14) To limit the supplier's obligation to respect the commitments made by its
agents or to subject their commitments to compliance with a specific formality;
15) To oblige the consumer to perform his obligations even though the supplier
would not perform his;
16) Provide for the possibility of transfer of the contract by the supplier, when
is likely to lead to a reduction in guarantees for the consumer without the agreement
of it;
17) To suppress or hinder the exercise of legal actions or remedies by
the consumer, by unduly limiting the means of proof available to the
consumer or by imposing on him a burden of proof which, under the applicable law,
should normally go to another party to the contract.
In the event of a dispute concerning a contract containing an unfair term, the supplier must
provide proof of the non-abusive nature of this clause.
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Article 19
Unfair clauses contained in contracts concluded between
supplier and consumer.
The contract will remain applicable in all its other provisions if it can subsist without the
above-mentioned abusive clause.
Article 20
The provisions of this title are of public order.

TITLE IV
COMMERCIAL PRACTICES
Chapter 1
Publicity
Article 21
Without prejudice to the provisions of Articles 2 and 67 of Law No. 77-03 relating to
audio-visual communication, any advertising comprising, in any form
whether it is false or misleading allegations, indications or presentations.
Any misleading advertising in any form is also prohibited.
whether, when it relates to one or more of the following elements: existence, nature,
composition, substantial qualities, content of useful principles, species, origin, quantity, method
and date of manufacture, properties, expiry date, price or price and conditions of sale of
goods, products or services advertised, conditions or results of their use,
reasons or procedures for the sale or provision of services, scope of the commitments made by
the advertiser, identity, qualities or aptitudes of the manufacturer, resellers, promoters or
providers.
Article 22
Comparative advertising is any advertising that compares characteristics
or the prices or tariffs of the goods, products or services using either the quotation or the
representation of the trade mark, trademark or service mark of others, either the quotation or
the representation of the company name or the company name, the trade name or
the sign of others.
It is only authorized if it is loyal, truthful and is not likely to induce
in error the consumer.
Comparative advertising that relates to characteristics can only relate to
essential, significant, relevant and verifiable characteristics of goods or services of
same type and available on the market.
When the comparison relates to prices, it must relate to products or services
identical, sold under the same conditions and indicate the period during which
maintained the prices mentioned as its own by the advertiser.
Article 23
Any publicity, whatever its form, which can be received through a service of
communications addressed to the public, must indicate its advertising nature in a clear and
without ambiguity, in particular promotional offers such as sales on sale,
gifts or bonuses as well as advertising lotteries when they are received by the

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consumer. It must also clearly indicate the supplier on whose behalf the
publicity has been carried out.
Article 24
The supplier is required, during any advertising by e-mail:
• to provide clear and understandable information concerning the right to object,
for the future, to receive advertisements;
• to indicate and make available to the consumer an appropriate means of
effectively exercise this right electronically.
It is prohibited, when sending any advertising by e-mail:
• use the email address or identity of a third party;
• falsify or conceal any information allowing the origin of the message to be identified
mailbox or its transmission path.
The provisions of this article apply whatever the technique of
communication used.

Chapter 2
Distance contracts
Article 25
We hear by :
1- "remote communication technique": any means used for the conclusion of a
contract between a supplier and a consumer without the simultaneous presence of the parties.
2- "operator of communication techniques": any natural or legal person
belonging to the public or private sector whose professional activity is based on the
provision of the supplier of one or more remote communication techniques.
3- "cyber-trader": any natural or legal person using, within the framework of a
professional or commercial activity, the Internet network.
Article 26
The provisions of this chapter apply to any natural or legal person
carrying out a remote activity or proposing, by electronic means, the provision of a
product, good or the provision of a service to the consumer. These provisions apply
also to any contract resulting from this operation between a consumer and a supplier
by means of a remote communication technique.
The supplier is legally responsible towards the consumer for the good
performance of the obligations resulting from the contract concluded at a distance, whether these obligations are
perform by the supplier who has concluded this contract or by other service providers, without
prejudice to its right of recourse against them.
However, he can exonerate himself from all or part of his responsibility by bringing the
proof that the non-performance or improper performance of the contract is attributable, either to
consumer, either to the fact, unpredictable and insurmountable, of a third party to the contract, or to a case
force majeure.
Article 27
The distance sales contract by electronic means is valid if it has been concluded
in accordance with the conditions provided for by Law 53-05 relating to the electronic exchange of
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legal data, and by the legislation in force in the matter as well as under the conditions provided
in this law.
Article 28
Contracts concluded in cases
following:
- by means of vending machines or automated commercial premises;
- with telecommunications operators for the use of telephone booths
public;
- for the construction and sale of real estate or relating to other rights
relating to real estate, except rental;
- during a public auction.
Article 29
Without prejudice to the information provided for in Articles 3 and 5 or by any other legislation
and regulations in force, the contract offer must include the following information:
1- The identification of the main characteristics of the product, good or service object of
the offer;
2- The name and corporate name of the supplier, the telephone numbers
allow to communicate effectively with him, his address and if it is a person
legal entity, its registered office and, in the case of a person other than the supplier, the address of
the institution responsible for the offer;
Regarding the cyber-merchant:
- if it is subject to value added tax, its fiscal identity number;
- if its activity is subject to licensing, the license number, date and
the authority that issued it;
- if it belongs to a regulated profession, the reference of the professional rules
applicable, its quality, professional, the country where it obtained this quality as well as the
name of the order or professional organization where it is registered.
3- Where applicable, delivery times and costs;
4- The existence of the right of withdrawal provided for in article 36, except in cases where the
provisions of this chapter exclude the exercise of this right;
5- The terms of payment, delivery or execution;
6- The duration of the validity of the offer and the price or tariff thereof;
7- The cost of the remote communication technique used;
8- Where applicable, the minimum duration of the proposed contract, when it relates to the supply
continuous or periodic of a product, good or service.
This information, the commercial nature of which must appear unequivocal, is
communicated to the consumer in a clear and understandable manner, by any means adapted to
the distance communication technique used.
Without prejudice to the provisions of Law 53-05 relating to the electronic exchange of
legal data, the supplier must, before concluding the contract, remind the
consumer his various choices and allow him to confirm his request or modify it
according to his will.

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Article 30
The supplier must allow the consumer easy access to the conditions
contractual applicable to the supply of products and goods or to the provision of services to
distance, and to read it, on the home page of the electronic site of the
supplier of the product or of the service provider or on any
communication comprising an offer from the supplier. These conditions must also be
expressly accepted by the consumer, before confirmation of acceptance of
the offer.
Article 31
Without prejudice to the provisions of article 29, the supplier must, in the case of a sale
remotely, using the telephone or any other communication technique at
distance, expressly indicate at the beginning of the conversation with the consumer, his
identity and the commercial purpose of the communication.
Article 32
The consumer must receive, in writing or on another durable medium at his disposal,
in good time and at the latest at the time of delivery:
1) confirmation of the information mentioned in Articles 3, 5 and 29, unless the
supplier has fulfilled this obligation before the conclusion of the contract;
2) the address of the supplier's establishment where the consumer can present his
complaints;
3) information on the conditions and modalities of exercising their right to
withdrawal, provided for in article 30 below;
4) information relating to after-sales service and commercial guarantees;
5) the conditions for terminating the contract when it is for an indefinite period or
more than one year.
The telephone numbers intended to receive the calls of the consumer with a view to
monitor the proper performance of the contract concluded with the supplier or for the examination of a
claim, cannot be subject to additional taxes. These numbers must be
indicated in contracts and in correspondence.
Consumers must be able to follow their request and exercise their right to
withdrawal or to benefit from the guarantee by any means of communication and
this without having to bear additional costs.
The provisions of this article do not apply to services provided in a
only once by means of a remote communication technique and billed by the operator of
this technique with the exception of 2).
Article 33
The supply of products and goods or the provision of services to the consumer without
prior order on his part is prohibited, when this supply includes a request
of payment. Consumer silence does not mean consent.
The consumer is not liable for any consideration in the event of a supply of which he has not
not made the order.
Article 34
In the event of a dispute between the supplier and the consumer, the burden of proof shall be
to the supplier, in particular with regard to the prior communication of information

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provided for in Article 29, their confirmation and compliance with the deadlines as well as the consent of the
consumer.
Any contrary agreement is deemed null and void.
Article 35
Payment transactions relating to contracts concluded at a distance are subject to the
legislation.
Article 36
The consumer has a time limit:
- seven days to exercise the right of withdrawal;
- thirty days to exercise his right of withdrawal, if the supplier does not honor his
undertaking to confirm in writing the information provided for in Articles 29 and 32.
And this, without having to justify or pay penalties, with the exception, where applicable,
return costs.
The deadlines mentioned in the previous paragraph run from the date of receipt of the
good or acceptance of the offer for the provision of services.
The provisions of this article are applicable subject to those of articles 38
and 42.
Article 37
When the right of withdrawal is exercised, the supplier is obliged to reimburse, without
deadline, to the consumer the total amount paid and at the latest within 15 days from the date to
which this right has been exercised. Beyond that, the amount due is, as of right, productive of interest
at the legal rate in force.
Article 38
The right of withdrawal cannot be exercised, unless the parties have agreed.
otherwise, for contracts:
1- the provision of services the execution of which has begun, with the consent of the consumer,

before the end of the period of seven clear days;
2- the supply of products, goods or services whose price or tariff depends on

fluctuations in financial market rates;
3- supply of goods made to the consumer's specifications or

clearly personalized or which, due to their nature, cannot be returned or are
likely to deteriorate or expire quickly;
4- supply of audio or video recordings or computer software when

have been unsealed by the consumer;
5- supply of newspapers, periodicals or magazines.

Article 39
Unless the parties have agreed otherwise, the supplier must perform the
order within the maximum period of thirty days from the day on which the supplier has
confirmed receipt of the consumer's order.
Article 40
In the event of failure to perform the contract by a supplier resulting from the unavailability of the
product, good or service ordered, the consumer must be informed of this
unavailability and must, where applicable, be repayable without delay and at the latest within
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fifteen days from the payment of the sums he has paid. Beyond this term, these sums are
yielding interest at the legal rate.
Article 41
If the possibility has been provided for prior to the conclusion of the contract or in the
contract, the supplier can provide a product, a good or a service of a quality and a price
equivalent. The consumer is informed of this possibility in a clear and
understandable. The return costs resulting from the exercise of the right of withdrawal are, in
this case at the expense of the supplier and the consumer must be informed.
Article 42
The provisions of Articles 29, 32, 36 and 37 are not applicable to contracts having
for purpose:

1) The supply of everyday consumer goods made at the place of residence or
consumer work by distributors making frequent and regular tours;
2) The provision of accommodation, transport, catering and leisure services which
must be provided on a date or at a specified frequency.
The provisions of Articles 29 and 32 are however applicable to contracts concluded by
electronically when their purpose is to provide the services mentioned in 2) above.
Article 43
Notwithstanding any legislation to the contrary, the supplier assumes sole responsibility in the event
litigation relating to intellectual property.
Article 44
The provisions of this chapter are of public order.

Chapter 3
Canvassing
Article 45
Anyone who practices or has them practiced
canvassing, at the home of a natural person, at his residence or at his place of work,
even at his request, in order to offer him the purchase, sale, rental, hire-purchase or
rental with option to purchase products, goods or the provision of services.
Canvassing in places of interest is also subject to the provisions of this chapter.
not intended for the marketing of the good, product or service offered and in particular
the organization by a supplier or for his benefit of meetings or excursions in order to carry out the
operations defined in the previous paragraph.
Article 46
The following activities are not subject to the provisions of this chapter:
- activities for which canvassing is regulated by a
specific legislative text;
- home sales of everyday consumer products made by the supplier or
its agents during frequent or periodic tours in the agglomeration where it is installed
their establishment or in its vicinity;

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- the sale of products coming exclusively from manufacturing or production
of the supplier or his family, as well as the services related to such
sale and carried out immediately by themselves.
Article 47
The canvassing operations referred to in Article 45 must be the subject of a written contract.
a copy of which must be given to the consumer at the time of conclusion of this contract,
which must include a detachable form intended to facilitate the exercise of the faculty of
withdrawal under the conditions provided for in article 49.
All copies of the contract must be signed and dated by the hand of
consumer.
The particulars which the form referred to in the 1 st paragraph must contain are fixed by way of
regulatory.

Article 48
The contract must, on pain of nullity, mention:
A- the name or corporate name of the supplier and the direct seller;
B- the supplier's address;
C- the address of the place of conclusion of the contract;
D- the precise description of the nature and characteristics of the products, goods or
services ;
E- the conditions of execution of the contract, in particular the terms and delivery time
goods, products or performance of the provision of services, the overall price to be paid;
F- terms of payment;
G- the right of withdrawal provided for in article 49, as well as the conditions for exercising
this option and, apparently, the full text of Articles 47 to 50 of this
law.
This contract may not include any clause conferring jurisdiction.
Article 49
By way of derogation from the provisions of article 604 of the Dahir of 9 Ramadan 1331 (12 August
1913) forming the Code of Obligations and Contracts, within a maximum period of seven days
from the time of the order or the purchase commitment, the consumer has the right to
retract by sending the detachable form to the contract by any means justifying the
reception.
Any clause in the contract by which the consumer gives up his right to
retracting is null and void.
This article does not apply to contracts concluded under the conditions provided for in
section 51.
Article 50
Before the expiry of the withdrawal period provided for in Article 49, no one may demand or
obtain from the consumer, directly or indirectly, in any capacity or in any form
whether it is any consideration whatsoever or any commitment or perform services of
services of any kind.

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In addition, commitments or payment orders must not be executed before
expiry of the period provided for in Article 49 and must be returned to the consumer within
fifteen days following its withdrawal.
Article 51
Following a canvassing by telephone or by any assimilable technical means, the
supplier must explicitly indicate his identity and the commercial nature of his
intervention. He must send the consumer a confirmation of the offer he has made. The
consumer is only engaged by his signature.
Article 52
The provisions of this chapter are of public order.

Chapter 4
Sales on sale
Article 53
For the purposes of this law, sales on sale are understood to mean sales accompanied or
preceded by advertising and announced as tending, by a reduction in price, to the disposal
expedited products and goods in stock.
Article 54
The sale on sale can only be carried out if it is accompanied by a clear display
and legible with the term "balances".
The supplier is required to indicate at the points of sale:
- the products or goods to which the price reduction relates;
- the new price applied and the old price which must be crossed out;
- the duration of the sales with the determination of their start and end.
The old crossed out price cannot exceed the lowest price actually charged by the
supplier for a similar good or product in the same establishment during the 30
last days preceding the start of sales.
The supplier can also indicate the discount rates applicable to products and goods.
sale items.
Article 55
Any advertisement relating to a sales transaction mentions the start date of
the transaction, its duration and the nature of the goods or products to which the transaction relates, if it
does not apply to all of the supplier's goods or products.
In any advertisement, sign, company name or commercial name, the use of the
word balance (s), its equivalents in other languages ​or its derivatives is prohibited for
designate any activity, company name or trade name, sign or quality that is not
not relate to a balancing transaction as defined in Article 48.

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Chapter 5
Sales and services with bonuses
Article 56
It is prohibited to sell or offer for sale products or goods, to insure or
to offer a service to the consumer giving the right, free of charge,
immediately or in the future, at a premium consisting of products, goods or services unless they are
identical to those which are the object of the sale or the service.
This provision does not apply to small items or services of low value or to
samples. The value of these objects, services or samples is determined by way of
regulatory.
The following are not considered as premiums within the meaning of the 1 st paragraph above:
A- the usual packaging of products, goods or services which are
essential for the normal use of the product, good or service that is the subject of
the sale ;
B- After-sales services and vehicle parking facilities
offered by the supplier to the consumer;
C- Services allocated free of charge if these services do not
usually the subject of a contract for value and are of no value
Merchant.

Chapter 6
Refusal and subordination of sale or provision of service
Article 52
It is forbidden to :
- refuse a consumer the sale of a product, a good or the provision of a service,
unless there is a legitimate reason;
- make the sale of a product or good conditional on the purchase of an imposed quantity or
the concurrent purchase of another product or other good or service;
- subordinate the provision of a service to that of another service or to the purchase of a product
or a good.

Chapter 7
“Snowball” or pyramidal sales or services
Article 58
Are forbidden :
1- the sale practiced by the so-called "snowball" process or any other process
analogues, consisting in particular of offering products, goods or services to a consumer
by making him hope to obtain these products, goods or services free of charge or at a price
lower than their actual value and by making sales conditional on the placement of vouchers or tickets
to third parties or to the collection of memberships or registrations;

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2- the fact of offering a consumer to collect memberships or to register on
a list by making him hope for financial gains resulting from a geometric progression of the
number of people recruited or registered.

Chapter 8
Abuse of weakness or ignorance
Article 59
Any commitment arising from an abuse of weakness or of
ignorance of the consumer, who reserves the right to be reimbursed for the sums
paid and to be compensated for the damages suffered.

Chapter 9
Advertising lotteries
Article 60
For the purposes of this law, an advertising lottery is understood to mean any transaction
advertising offered to the public by the supplier, under any name whatsoever, which
tends to give rise to the expectation of a gain by the consumer, whatever the modalities
lottery.
The participation form for the operations referred to in the first paragraph above must be
separate from any purchase order, or invoice, receipt, sales receipt or any
other document in lieu.
Article 61
Any advertising lottery operation meeting the definition provided for in the first paragraph
of article 60 must be the subject of special regulations.
The organizers of advertising lottery must file with the administration
the aforementioned regulations and a copy of the announcements or documents sent to the
public. The administration concerned ensures their regularity and the progress of the operation
advertising.
Article 62
The announcements or documents presenting the advertising operation must not be
likely to cause confusion in the mind of the consumer with any other transaction or
any other document or writing of any kind.
These announcements or documents must clearly specify the conditions of participation
to advertising lotteries and must be easily accessible to the consumer, in particular
if these lotteries are announced electronically.
They include a readable inventory of the lots involved specifying, for each of them, their
nature, exact number and commercial value.
They must also reproduce the following statement: "the settlement of the transaction is
sent, free of charge, to any legal or natural person who so requests ”. They
specify, in addition, the address to which this request can be sent.
The prizes must be presented in order of value, ascending or descending.
Article 63

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Documents and announcements presenting the advertising operation including the payment
referred to in Article 61 must conform to a standard model fixed by regulation.
The competent authority mentioned in this chapter must be indicated there.
Article 64
The organizers of advertising lottery must send to the competent administration
a report retracing the progress of the operation, its regularity as well as the list of
winners and prizes distributed.

TITLE V
OF THE LEGAL GUARANTEE OF DEFECTS OF THE THING
SOLD, FROM THE CONVENTIONAL GUARANTEE
AND AFTER-SALES SERVICE
Chapter 1
The legal warranty against defects in the item sold
Article 65
The provisions relating to the legal warranty against defects in the item sold provided for in
articles 549 to 575 of the Dahir of 9 Ramadan 1331 (12 August 1913) forming the Code of Obligations and
Contracts, are applicable to contracts for the sale of goods or products binding the
consumer to supplier.
However, the provisions of paragraph 2 ° of article 571 of the Dahir of 9 Ramadan 1331
(August 12, 1913) above are not applicable to contracts for the sale of goods or products
concluded between the supplier and the consumer.
By way of derogation from the provisions of articles 573 and 553 of the Dahir of 9 Ramadan 1331 (12
August 1913) forming the Code of Obligations and Contracts, any legal action arising from
defects requiring warranty or the fact that the item sold is devoid of the qualities promised,
must be brought within the following time limits, on pain of foreclosure:
▪ for buildings, within two years after delivery;
▪ for movable property, within one year of delivery.
These deadlines cannot be reduced by agreement between the contractors.

Chapter 2
Conventional guarantee
Article 66
For the purposes of this chapter, by conventional warranty is meant any
additional warranty to the legal warranty against defects in the item sold referred to in the article
65, which the supplier can offer to the consumer.
The supplier must precisely define the duration, scope and conditions of this
guarantee.
Article 67

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The supplier cannot offer his conventional guarantee to the consumer without
clearly mention the legal guarantee assumed by the supplier for faults and vices
hidden from the thing sold and which applies in any event.
Article 68
The supplier must assume the transport or shipping costs incurred in connection with
the execution of the conventional guarantee.

Chapter 3
After sales service
Article 69
For the purposes of this chapter, after-sales service is understood to mean the contract
defining all the services that the supplier of a good or service undertakes to provide,
for consideration or free of charge, in particular home delivery, maintenance, installation,
assembly, testing and repair of the good or product sold.
After-sales service differs from the legal warranty and, where applicable, from the
conventional guarantee.
Article 70
When the after-sales service is the subject of a separate contract, the supplier must specify
clearly, in writing, the rights held by the consumer and, if applicable, the prices of
services provided.

Chapter 4
Provisions common to the conventional warranty and after-sales service
Article 71
The conventional warranty or the after-sales service offered by the supplier to the
consumer must be the subject of a writing which must clearly specify the rights arising from
the conventional warranty or after-sales service offered and clearly indicate the rights
the rights that the consumer holds under the legal guarantee.
Article 72
The writing provided for in article 71 must also mention:
a) the name or denomination and address of the person granting the guarantee
conventional and / or after-sales service;
b) the description of the good or service which is the subject of the conventional guarantee
and / or after-sales service;
c) the obligations of the person granting the conventional warranty and / or the service
after-sales service in the event of a defect in the good or product or poor performance of the
service covered by the warranty;
d) the steps necessary to obtain the execution of the guarantee
contractual as well as the person to whom this responsibility falls;
e) the period of validity of the conventional warranty and / or after-sales service which
must be determined precisely;
f) the period of availability of spare parts;

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g) the list of repair and maintenance centers concerned by the warranty
agreement and / or the after-sales service described in the aforementioned article 66
above.
For certain goods or services, the standard model of documents concluded between supplier and
consumer and relating to the conventional warranty and / or after-sales service is set by
regulatory route.
Article 73
The period of validity of a conventional warranty and / or the planned after-sales service
in the contract is extended by a period equal to the time during which the supplier had the
good or product, in whole or in part in its possession for the purposes of guaranteeing the guarantee
and / or after-sales service.
The supplier must give the consumer an acknowledgment of receipt which sets the date
during which he had in his possession the good or the product covered by the guarantee and / or the
after sales service.
The supplier must accompany the delivery of the good or product to the consumer,
after execution of the guarantee, a receipt specifying the date of receipt.

TITLE VI
DEBT
Chapter 1
Consumer credit
Section 1 - Scope
Article 74
Subject to the provisions of article 75, the provisions of this chapter
apply to any consumer credit defined as any credit transaction, as well as to
its possible surety, granted against payment or free of charge, by a lender to a
borrower who is a consumer as defined in article 2.
Hire purchase, hire with option to buy and hire with a promise
sales as well as sales or provision of services for which payment is staggered, deferred
or fractional, are assimilated to credit operations.
For the purposes of this law, the following terms are understood to mean:
- lender: any person who usually grants a loan, as part of the exercise of
its commercial or professional activities.

- by credit operation: any operation by which the lender grants the borrower a
delay in repaying the loan or paying the price for the sale or service after
delivery of the goods or performance of this service.
Article 75
The following are excluded from the scope of this chapter:
- loans granted for a total period less than or equal to three months;
- those intended to finance the needs of a professional activity, as well as loans
legal persons governed by public law;
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- Loans subject to the provisions of Chapter II of this title.

Section 2 - Advertising
Article 76
With the exception of radio advertising, any advertising which, whatever its medium,
relates to one of the consumer credit transactions referred to in Article 74 above must
be loyal and informative. As such, it must:
1. Specify the identity of the lender, his address or, if it is a legal person, the
of its head office, the nature, purpose and duration of the proposed operation as well as the total cost
and, if applicable, the overall effective rate of the credit, as defined in article 142 below, at
the exclusion of any other rate, as well as the costs of lump sum collections;
2. Specify the amount, in dirhams, of repayments by maturity or, in the event
impossibility, the means of determining it. This amount includes, where applicable, the cost of
insurance when required to obtain financing and the cost of collections
lump sums;
3. Indicate, for fixed-term transactions, the number of installments.
In all written advertising, regardless of the medium used, information relating to the
nature of the transaction, its duration, the overall effective rate, if applicable, and, if it is a
promotional, the period during which this rate applies, the character "fixed or revisable"
of the overall effective rate and the amount of repayments by maturity, must appear in
a character size at least as large as that used to indicate any other
information relating to the characteristics of the financing and be included in the main body of the
advertising text.
For radio advertising, information concerning the identity of the lender, the cost
total, the amount of repayments by maturity in dirham or, if this is not possible, the
means of determining it, the number of installments as well as the duration of the proposed transaction
must be brought to the attention of the consumer.
It is forbidden, in any advertisement, whatever the medium used, to indicate that a loan
may be granted without any information allowing an assessment of the financial situation of
borrower, or to suggest that the loan results in an increase in resources or
an automatic cash reserve immediately available, without financial compensation
identifiable.
The prior credit offer must be separate from any advertising medium or document.
The provisions of this chapter apply without prejudice to the provisions of
Articles 2 and 67 of Law No. 77-03 relating to audiovisual communication.

Section 3 - The credit agreement
Article 77
Any credit transaction referred to in Article 74 must be preceded by a prior offer of
written credit, so that the borrower can appreciate the nature and extent of
the financial commitment to which he can subscribe and the conditions of execution of this contract.
The credit operations referred to in Article 74 must be concluded under the terms of
the preliminary offer, delivered free of charge in duplicate to the borrower and, possibly,
in one copy to the surety.
The submission of the prior offer obliges the lender to maintain the conditions it indicates.
for a minimum period of seven days from its delivery to the borrower.
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Article 78
The prior offer must:
1. be presented in a clear and legible manner;
2. mention the identity of the parties and, where applicable, of the surety;
3.specify the amount of the credit and, possibly, its fractions periodically
available, the nature, subject and terms of the contract, including, where applicable, the
conditions of insurance when required by the lender, as well as the total cost broken down
of the credit and, if applicable, its overall effective rate as well as the total of the lump-sum collections
requested in addition to interest, breaking down those corresponding to administrative fees and those
corresponding to fees by maturity;
4.Remember, as appropriate, the provisions of Articles 85 to 87 inclusive and of Article 108 below.
below and if applicable, articles 91 to 99, 103 to 107, article 83 and those of article 111 below.
below;
5. indicate, where applicable, the good or product, or the provision of service to be financed;
6.indicate the provisions applicable in the event of early repayment or default
of the borrower, in accordance with the provisions of section VI of this chapter.
Article 79
In the case of a line of credit which, whether or not accompanied by the use of a debit card,
credit, offers its beneficiary the possibility of disposing in a fractional way, on the dates of its
choice of the amount of credit granted, the prior offer is only binding for the contract
initial and for any increase in the credit granted.
It specifies that the duration of the contract is limited to a maximum renewable year and that the
lender must indicate, three months before the term, the conditions of renewal of the contract.
It also sets the terms of repayment, which must be staggered, unless the intention is
contrary to the borrower, the sums remaining due in the event that the debtor requests no
more benefit from its credit facility.
The borrower must be able to oppose the proposed changes, during the renewal
of the contract, until at least twenty days before the date on which they become effective, in
using a reply slip attached to the written information communicated by the lender.
The characteristics of this form as well as the information to appear on it are fixed.
by regulation
The borrower can also request at any time the reduction of his reserve of
credit, the suspension of his right to use it or the termination of his contract. In this last
case, he is required to reimburse, under the conditions of the contract, the amount of the money reserve
Already used.
Failure to return the response slip by the borrower, referred to in the third paragraph below.
above, signed and dated, at the latest twenty days before the end of the contract, the latter is terminated
as of right on that date.
In the event of refusal of the new rate or reimbursement conditions proposed during
renewal of the contract, the borrower is required to repay under the conditions preceding the
proposed changes the amount of money reserve already used, without power, however,
proceed to a new use of the credit facility.
No additional commitment may be required from the deposit in the event of
renewal, revision or renewal of the credit opening contract, unless
that it explicitly consents.
Article 80
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With regard to the credit operation referred to in Article 79, the lender is required to send
the borrower, monthly and within a maximum of 10 days before the payment date,
an up-to-date statement of the execution of the credit agreement, clearly referring to the
previous and specifying:
- the closing date of the statement and the date of payment;
- the fraction of available capital;
- the amount of the due date, including the part corresponding to interest;
- the rate for the period and the overall effective rate;
- where applicable, the cost of insurance;
- the total amount payable;
- the amount of refunds already made since the last renewal, in
showing the respective part paid for the borrowed capital and that paid for
interest and miscellaneous costs related to the credit transaction;
- the possibility for the borrower to request at any time the reduction of his reserve of
credit, the suspension of his right to use it or the termination of his contract;
- the fact that at any time the borrower can pay all or part of the amount in cash
remaining due, without being limited to the amount of the last installment due.
Article 81
For fixed-term credit transactions, the prior offer specifies, in addition to the
conditions mentioned in article 78, for each due date, the cost of insurance and
the timing of repayments or, if this is not possible, the means of determining them.
Article 82
When the prior offer is accompanied by an insurance proposal, a notice must be
remitted to the borrower, which includes extracts from the general conditions of insurance on
concerning, in particular the name or denomination and address of the insurer, the duration, the risks
covered and those excluded from insurance. If insurance is compulsory to obtain the
financing, the prior offer reminds that the borrower can take out insurance
equivalent from the insurer of its choice. If the insurance is optional, the prior offer
recalls the conditions under which credit can be granted without insurance.
Article 83
The prior offer is established in application of the conditions provided for in articles
precedents according to one of the standard models fixed by regulation.
Article 84
No supplier or lender may, for the same product or good or the same
provision of services, have the same consumer sign one or more offers
prerequisites, referred to in Articles 77 to 83 and 85 to 87, for a total capital amount greater than the
value payable on credit of the product or good purchased or the provision of services provided.
This provision does not apply to preliminary permanent credit opening offers.
defined in Article 79.
Article 85
If the lender does not specify in the prior offer that he reserves the right to accept the
borrower's request for credit, the contract becomes perfect as soon as the offer is accepted
prior by said borrower.

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However, the borrower may, within seven days of his acceptance
of the offer, reconsider its commitment. To allow the exercise of this faculty of
withdrawal, a detachable form is attached to the prior offer.
The exercise of this right of withdrawal cannot give rise to registration on a
file.
The borrower is required, in case of withdrawal, to deposit the form against receipt
bearing the stamp and signature of the lender.
Article 86
When the prior offer stipulates that the lender reserves the right to accept or not the
borrower's request for credit, the contract accepted by the latter does not become perfect until the
dual condition that, within the seven-day period referred to in Article 85:
- the lender has informed the borrower of his decision to grant the credit and that
- the said borrower has not used the right of withdrawal referred to in Article 85.
After the expiration of the aforementioned period, the decision to grant the credit to the
knowledge of the borrower is only valid if the latter expresses his desire to benefit from it.
Article 87
As long as the credit agreement is not definitively concluded, no payment, under
whatever form and for any reason whatsoever, cannot be made by the lender to the borrower or
on behalf of the latter, nor by the borrower to the lender. During the withdrawal period
provided for in Article 85, the borrower may not make, in respect of the transaction in question,
no deposit for the benefit of or on behalf of the lender. If an authorization from
direct debit from his bank or postal account is signed by the borrower, its validity and
entry into force are subject to those of the conclusion of the credit agreement and its entry
effect.
Article 88
The lender must give the borrower a copy of the credit agreement
immediately after signing.
Article 89
The lender who grants credit without entering the borrower with a satisfactory prior offer
under the conditions set by Articles 77 to 83 is forfeited the right to interest and the borrower
is only required to repay the capital according to the planned schedule. The amounts collected
for interest, which bears interest at the legal rate from the date of their

payment, will be returned by the lender or charged against the outstanding capital.

Section 4 - Affected credit
Article 90
The provisions of this section apply when a consumer credit,
as defined in article 74, is allocated to the financing of a good, or product or a
specified service delivery.
Article 91
The prior offer must mention the product, good or provision of services to be financed
and their essential characteristics.
The borrower's obligations do not take effect until the product is delivered.
or the good or the provision of the service, in the event of a contract of sale or service of
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services with successive execution, the execution of the credit contract begins according to the frequency of
the delivery and provision of the service, the consumer being bound only within the limit of
product or good received or service from which it has benefited.
Article 92
The contract of sale or provision of services must specify that the payment of the price or
tariff will be paid, in whole or in part, using a credit, under penalty of the penalties provided for in
section 187.
No commitment can validly be entered into by the consumer with regard to the
supplier or service provider until he has accepted the lender's prior offer.
When this condition is not fulfilled, the supplier or the service provider cannot
receive no payment in any form whatsoever, nor any deposit.
The supplier must keep a copy of the preliminary offer given to the borrower and the
present at their request to the officials responsible for the control.
Article 93
The lender must notify the supplier of its acceptance of the credit allocation in the
seven-day period provided for in sections 85 to 87.
Article 94
As long as the lender has not notified it of its acceptance of the granting of the credit, and as long as
the borrower can exercise his right of withdrawal, the supplier is not required to fulfill
its obligation to deliver or supply. However, when by express request
written, dated and signed by himself, the borrower requests the delivery or supply
immediate product, good or provision of services, the withdrawal period open to
the borrower by Articles 85 to 87 above expires on the date of delivery or
supply.
Any delivery or supply before the expiry of the withdrawal period is the responsibility of the
supplier who bears all the costs and risks.
Article 95
In the event of a dispute over the execution of the main contract for the sale or service of
services, the summary judge may, until the dispute is resolved, order the suspension of
execution of the credit agreement.
This is automatically terminated or canceled when the contract for which it was
concluded is itself judicially resolved or annulled by virtue of a judgment having acquired the
force of res judicata.
The provisions of the preceding paragraph will only be applicable if the lender is
intervened pending or if it was implied by the supplier or the borrower. These
provisions only apply if the supplier and the lender are part of the same establishment.
Article 96
If the judicial termination or cancellation of the main contract of sale or service
of services arises because of the supplier, the latter may, at the request of the lender, be
condemned to guarantee the repayment of the loan by the borrower, as well as the payment of
damages to the lender and the borrower if applicable.
Article 97
The main contract of sale or provision of services is automatically terminated, without
indemnity:

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1) if the lender has not notified the supplier of the acceptance of the credit award, in
the period of seven days in accordance with the provisions of articles 85 to 87 of this law;
2) if the borrower has, within the time limits allotted to him, exercised his right of withdrawal.
In both cases, the supplier must, at the borrower's request, reimburse any
sum that the latter would have paid in advance of the price or tariff. From the sixteenth day
according to the reimbursement request, this sum is productive of interest, as of right,
at the legal rate.
The contract is not terminated if, before the expiration of the seven-day period provided for above,
the borrower pays cash.
Article 98
The borrower's prior commitment to the supplier to pay
cash in case of loan refusal is automatically null.
Article 99
The supplier cannot receive from the borrower as long as the credit agreement
is not definitively concluded.
If a direct debit authorization from a bank account or a source of income is
signed by the borrower, its validity and its entry into effect are subject to those of the
sale or provision of services.
In the event of payment by the borrower of part of the price or spot rate, the
supplier must give him a receipt worth receipt and including the full reproduction
of the provisions of Article 97.

Section 5 - Free credit
Article 100
In this section, free credit is understood to mean any refundable credit without
payment of interest.
Article 101
Any advertising carried out in the point of sale with the words "free credit"
or offering an equivalent advantage must indicate the amount of the discount granted in the event of
cash payment.
Any advertisement bearing the words "free credit" must relate separately to all
product, good or service.
Article 102
When a financing transaction involves full or partial coverage
credit charges, the supplier cannot ask the borrower or tenant for a sum
higher than the average price actually charged for the cash purchase of an item
or a similar service, in the same retail establishment, during the
last thirty days preceding the start of the advertisement or the offer. The supplier must, in
In addition, propose a price for cash payment lower than the amount proposed for the purchase at
free credit or rental.

Section 6 - Prepayment of credit and default of the borrower
Article 103
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The borrower can always, at his initiative, repay in advance without
indemnities, in whole or in part, the credit granted to it. Any clause to the contrary is
deemed null as of right.
The first paragraph does not apply to rental contracts, unless these contracts
provide that title to the property will ultimately transfer to the tenant.
Article 104
In the event of default by the borrower, the lender may demand repayment
of the capital remaining due, plus interest due but not paid. Until the date of
effective payment, the sums still due generate interest on late payment, the rate of which
maximum will be set by regulation without however exceeding 4% of the remaining capital.
Article 105
When the lender does not demand immediate repayment of the outstanding capital, it can
ask the defaulting borrower for compensation which may not exceed 4% of the
unpaid maturities. However, in the event that the lender accepts postponements
of future installments, the amount of compensation cannot be greater than 2% of the installments
postponed.

Section 7 - Lease contracts accompanied by a promise to sell, lease
sale or rental with option to buy
Article 106
Without prejudice to the application of the 3 rd paragraph of article 264 of the Dahir of 9 Ramadan 1331
(August 12, 1913) forming the Code of Obligations and Contracts, in the event of default in execution,
by the borrower, a rental contract accompanied by a promise to sell or a
hire purchase or lease with option to purchase, the lender is entitled to demand,
in addition to the return of the property and the payment of rents due and not paid, an indemnity which,
depending on the remaining term of the contract and is equal to the difference between, on the one hand,
the residual value excluding tax of the property stipulated in the contract increased by the present value, at
the date of termination of the contract, the amount excluding tax of the rents not yet due and,
on the other hand, the market value excluding tax of the returned property.
Taxes are not taken into account in this operation.
The discounted value of rents not yet due is calculated according to a fixed method
by regulation. The market value mentioned above is that obtained by the lessor
after the sale of the returned or repossessed property.
However, the tenant has the option, within the period of thirty days from the
termination of the contract, to present to the lessor a purchaser making a written offer to purchase. Yes
the lessor does not accept this offer and if he later sells at a lower price, the value at
deduct will have to be that of the offer refused by him.
If the returned or repossessed property is not subject to rapid deterioration or its value
does not exceed a minimum limit set by regulation, the sale is done by auction
public under an order issued on the basis of a request made by the
president of the competent court is executed by the secretariat-registry.
These measures apply if the returned or repossessed property is subject to a special regulation.
fixing the sales procedure.
If the rented property is out of use, the market value is obtained by adding the sale price
and the amount of capital paid by the insurance company.

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In the absence of sale or at the request of the tenant, there may be an assessment of the value
venal according to expert. The tenant must be informed of this possibility of evaluation.
Article 107
When the lessor does not require the termination of the contract, he can ask the lessee
defaulting on an indemnity which may not exceed 4% of the unpaid maturities.
However, in the event that the lessor accepts deferrals of future deadlines, the amount
of the indemnity may not exceed 2% of the deferred deadlines.
Article 108
No compensation or cost, other than those mentioned in Articles 103 to
107, cannot be charged to the borrower in cases of reimbursement by
anticipation or failure provided for by these articles.

Section 7 - Miscellaneous provisions
Article 109
Is considered in default, the borrower who has not paid three monthly payments
successive after their expiry and who has not responded to the formal notice given to him
addressed.
Article 110
The lender can claim from the borrower, in the event of default of the latter, the
reimbursement, upon justification, of the costs due which will have been caused to him by this
default, to the exclusion of any lump-sum reimbursement of collection costs.
Article 111
Actions for payment must be brought before the court of residence.
or the place of residence of the borrower within two years of the event which gave them
birth under penalty of foreclosure of the right to claim default interest.
This period starts from the date on which the monthly payment was the subject of a dispute.
in accordance with the laws and regulations in force relating to provisions on
overdue debts.
When the terms of payment of unpaid installments have been the subject of a
redevelopment or rescheduling, the starting point of the foreclosure period is the
first unregulated incident occurring after the first installation or rescheduling
concluded between the interested parties.
If the default on payment of the due dates results from a dismissal or a
unpredictable social security action, the action for payment can only be brought after
mediation.
The foreclosure period does not take effect until the mediation procedure has been exhausted.
which must begin during the year following the date on which the borrower is declared in
failure.
In the event of recourse to the mediation procedure, late interest cannot be charged or
any costs resulting from this procedure to be borne by the borrower.

Chapter 2
Real estate loan
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Section 1 - Scope
Article 112
For the purposes of this chapter, is considered to be:
a) borrower, any consumer who acquires, subscribes or orders by means of the loans
mentioned in Article 113;
b) supplier, the other party to these same operations.
Article 113
The provisions of this chapter apply to loans, regardless of their
qualification or their technique, which are usually consented to by any person, in
with a view to financing the following operations:
1.for buildings for residential use or for professional and residential use:
a) their acquisition in property or enjoyment;
b) the subscription or purchase of units or shares of companies giving rise to their
attribution in ownership or enjoyment;
c) expenses relating to their construction, repair, improvement or
interview.
2. the purchase of land intended for the construction of the buildings mentioned in 1 ° above.
Article 114
The following are excluded from the scope of this chapter:
1- loans granted to legal persons governed by public law;
2- those intended, in any form whatsoever, to finance a professional activity,
in particular that of natural or legal persons who, as usual, even ancillary to
another activity, or by virtue of their corporate purpose, provide, in any form whatsoever,
buildings or parts of buildings, built or not, completed or not, collective or individual,
in property or in enjoyment.

Section 2 - Advertising
Article 115
Any advertisement which, whatever its medium, relates to one of the loans mentioned in
article 113 must be informative and honest:
1- Specify the identity of the lender, his address and if it is a legal person, the address
of its head office;
2- The nature and purpose of the loan;
3- Specify, if it includes one or more quantified elements, the duration of the operation
proposed as well as the total cost and the annual percentage rate of the credit, excluding any
other rate.
All mandatory information must be presented in a perfectly legible manner
and understandable by the borrower.
Without prejudice to the provisions of Articles 2 and 67 of Law No. 77.03 relating to
audiovisual communication, all advertising, whatever the medium used, is prohibited,
assimilating the monthly repayment installments of a loan referred to in article 113 to rents at
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the exclusion of hire-purchase, hire accompanied by a promise to sell or
rental with option to buy.
Article 116
Any advertising material or any information document given to the borrower and
relating to one of the transactions referred to in Article 113 must state that the borrower has
a reflection period under the conditions provided for in Article 120, that the sale is subject to
upon obtaining the loan and that if it is not obtained, the seller must reimburse him for the
sums paid.

Section 3 - The credit agreement
Article 117
For the loans mentioned in article 113, the lender is required to formulate in writing a
offer sent free of charge by any means justifying receipt to the borrower
as well as the possible surety declared by the borrower in the case of a person
physical.
Article 118
The offer defined in article 117 must:
1- mention the identity of the parties, and possibly the declared surety;
2- specify the nature, purpose and terms of the loan, in particular those relating to
dates and conditions for making funds available;
3- understand an amortization schedule detailing for each schedule the
distribution of repayment between capital and interest. However, this provision does not
does not apply to variable rate loan offers;
4- indicate, in addition to the amount of credit likely to be granted, and, where applicable, that
of its periodically available fractions, its total cost, its overall effective rate such as
defined in Article 142, as well as, if applicable, the terms of indexation;
5- state, by giving an estimate of their cost, the stipulations, insurance and
real or personal collateral required, which conditions the conclusion of the loan;
6- state the conditions required for a possible transfer of the loan to a third party
nobody ;
7- recall the provisions of article 120;
8- indicate the amount of the costs related to the granting of the loan and the conditions under which they
are perceived.
Any modification of the conditions for obtaining the loan, in particular the amount or the rate
credit, gives rise to the delivery to the borrower of a new prior offer.
However, this obligation does not apply to loans whose interest rate is
variable, as soon as a notice presenting the
conditions and modalities of rate variation.
Article 119
When the lender offers or requires the borrower to enter into a contract
group insurance that he has taken out in order to guarantee, in the event of one of the risks
that this contract defines, either the total or partial repayment of the amount of the loan still due,
either the payment of all or part of the maturities of the said loan, the following provisions are
must be applied:
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1. to the loan contract is annexed a notice making the insurance establishment known,
its registered office and the insurance references, listing the risks covered and specifying all the
procedures for bringing the insurance into play;
2.any subsequent modification to the definition of covered risks or to the
terms of the bringing into play of the insurance is unenforceable against the borrower who has not given it
its acceptance;
3.when the insurer has made its cover subject to the approval of the person of the insured and
that this approval is not given, the loan contract is automatically terminated without charge or
penalty of any kind.
Article 120
Sending the offer to the borrower obliges the lender to maintain the conditions it
indicates for a minimum period of fifteen days from its receipt by
the borrower.
The offer is subject to the acceptance of the borrower and the surety, natural persons,
declared. The borrower and surety cannot accept the offer until 10 days after they
received it. Acceptance must be given by any means justifying receipt.
Article 121
Until acceptance of the offer by the borrower, no payment in any form
whether, under the transaction in question, be made by the lender to the borrower or
on behalf of the latter, nor by the borrower to the lender. Until this acceptance,
the borrower may not, in the same way, make any deposit, subscribe or endorse any instrument of
trade, nor sign any checks. If a direct debit authorization from a bank account or
source of income is signed by the borrower, its validity and entry into force are subject to
those of the credit agreement.
Article 122
The offer is always accepted under the resolutive condition of non-conclusion, in a
period of four months from its acceptance of the contract for which the loan is requested.
The parties may agree to a longer period than that defined in the preceding paragraph.
Article 123
When the borrower informs his lenders that he is using several loans for the same
transaction, each loan is concluded under the condition precedent of the granting of each of the other
ready. This provision only applies to loans for an amount greater than 10% of the credit.
total.
Article 124
When the contract for which the loan was requested is not concluded within the time limit set
pursuant to article 122, the borrower is required to repay all the sums that
the lender would have already effectively paid him or that he would have paid on his behalf as well
that the interest relating to the aforementioned period; the lender can only withhold or request
costs of studying the file, the value of which may not exceed an amount set by regulation.
The amount of these fees, as well as the conditions under which they are collected, must
appear separately in the offer.
Article 125
In the event of renegotiation of one or more conditions of the loan contract, the
Amendments to the original loan agreement are made in the sole form of a rider. This
amendment includes, on the one hand, a schedule of depreciation detailing for each
due the capital remaining due in the event of early repayment and, on the other hand, the rate
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total workforce as well as the cost of credit calculated on the basis of the only due dates and costs
come.
For variable rate loans, the rider includes the overall effective rate as well as the cost
of the credit calculated on the basis of the only due dates and costs to come up to the date of the review
rate, as well as the terms and conditions of rate variation.
The borrower has a cooling-off period of ten days from receipt of the
information mentioned above.

Section 4 - The main contract
Article 126
The written deed, even if it is a promise to sell, the purpose of which is to
one of the operations mentioned in article 113 must indicate whether the price or part of it
will be paid directly or indirectly, with or without the assistance of one or more loans governed by the
sections 1 to 3 of this chapter.
Article 127
When the act mentioned in article 126 indicates that the price is paid, directly or
indirectly, even partially, with the help of one or more loans governed by sections 1 to 3
and section 5 of this chapter, is this act is evidenced in a writing at a determined date
under the condition precedent of obtaining the loan (s) which assume the financing. The
period of validity of this condition precedent may not be less than one month from
of the last date of signing of the deed.
When the condition precedent provided for in the first paragraph of this article is not
realized, any amount paid in advance by the borrower to the other party or on behalf of
the latter is immediately and fully refundable without deduction or compensation to
whatever title. From the sixteenth day following the request for reimbursement,
this sum is productive of interest at the legal rate.
Article 128
In the absence of the indication prescribed in article 126 and if a loan is nevertheless requested,
the contract is considered concluded under the suspensive condition provided for in article 127 to
from the date of the loan application.
Article 129
For the expenses designated in c) of 1 ° of article 113, and in the absence of a contract signed by
the borrower and the supplier responsible for carrying out these operations, the condition
suspensive of obtaining the loan (s) which assume the financing and provided for in article
127 can only result from a notice given by the borrower in writing before any
commencement of work indicating that it intends to pay the price directly or
indirectly, even in part, with the help of one or more loans.
Article 130
When it is declared in the deed recording the loan that it is intended to finance
one of the operations referred to in Article 113, the court may, in the event of a dispute or
obstacles to the execution of the sales contract or the loan contract and until the solution of the
litigation, suspend the execution of the loan contract without prejudice to the possible right of the lender to
compensation. These provisions are only applicable if the lender has intervened in the proceedings
or if it has been called into question by one of the parties.
Article 131
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The provisions of this section are not applicable to sales by
adjudication.

Section 5 - Prepayment of credit and default of the borrower
Article 132
The borrower can always, at his own initiative, repay in advance, in part or in
all loans governed by sections 1 to 3 of this chapter. The loan agreement may
prohibit repayments equal to or less than 10% of the initial loan amount, unless it
this is his balance.
If the loan agreement contains a clause under which, in the event of
prepayment, the lender is entitled to demand compensation for the
interest not yet due, this interest, which is fixed by regulation, cannot, without prejudice
the application of the provisions of the 3 rd paragraph of article 264 of the Dahir of 9 Ramadan 1331 (12
August 1913) forming the Code of Obligations and Contracts, exceed 2% of the outstanding capital.
In the event that a loan contract has different interest rates depending on the
reimbursement periods, the compensation provided for in the previous paragraph may be increased by the
sum making it possible to ensure the lender, over the period since the origin, the average rate
provided for when the loan is granted.
Article 133
In the event of default by the borrower and when the lender does not demand repayment
of the capital remaining due, the lender does not have the right to increase the interest rate that
the borrower will have to pay until he has resumed the normal course of maturities
contractual.
When the lender is led to request the termination of the contract, he may require
the defaulting borrower the immediate repayment of the outstanding capital, as well as the
payment of accrued and unpaid interest. Until the date of effective payment, the amounts
remaining due produce late interest at a rate the maximum of which may not exceed 2%
of the outstanding capital.
Article 134
No compensation or cost other than those mentioned in Articles 132 and
133 cannot be charged to the borrower in cases of reimbursement by
anticipation or failure provided for by these articles.
However, the lender may claim from the borrower, in the event of default by the latter, the
reimbursement, by justification, of the costs incurred by this failure
to the exclusion of any lump sum reimbursement of collection costs.

Section 6 - Hire purchase, hire accompanied by a promise to sell and
rental with an option to buy
Article 135
Subject to the provisions of article 114, hire-purchase, rental
accompanied by a promise to sell or lease together with a purchase option relating to
buildings mentioned in 1 ° of article 113 are subject to this chapter, in the
conditions set out in this section.
Article 136
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Any advertising which, whatever its medium, relates to one of the contracts governed by the
this section, must be honest and informative and specify the identity of the lessor, the nature and
the subject of the contract and comply with the provisions of Articles 2 and 67 of Law No. 77.03 relating to
audiovisual communication.
If this advertisement contains one or more quantified elements, it must mention the
lease term as well as the annual cost and details of the total cost of the operation.
Article 137
For contracts governed by this section, the lessor is required to formulate in writing
an offer sent free of charge by any means justifying receipt, to the tenant
possible.
This offer mentions the identity of the parties. It specifies the nature and object of the contract
as well as its modalities, in particular with regard to the dates and conditions of
disposal of the property, the amount of the initial payments and the rent as well as the
possible modalities of revision. It also recalls the provisions of Article 138.
For rental contracts accompanied by a promise to sell or a purchase option,
it also fixes:
1. The conditions for exercising the option and its cost broken down into, on the one hand, the fraction
initial payments and rents taken into account for the payment of the price and, on the other hand,
the residual value of the asset, taking into account the impact of any revision clauses
provided for in the contract;
2. The conditions and the cost of not completing the sale.
Article 138
Sending the offer obliges the lessor to maintain the conditions it indicates for a period of
minimum period of fifteen days from its receipt by the lessee.
The offer is subject to acceptance by the lessee who can only accept the offer for ten days
after he received it. Acceptance must be given by any means justifying the
reception.
Article 139
Until acceptance of the offer, the lessee may not make any deposit, subscribe or
endorse any commercial paper, sign any check or debit authorization
on bank or postal account for the benefit of the lessor or on behalf of the latter.
Article 140
In the event of the lessee's failure to perform a contract governed by this
section, the lessor is entitled to demand, in addition to the payment of rents due and not paid, a
compensation which, without prejudice to the application of the provisions of the 3 rd paragraph of article 264 of
Dahir of 9 Ramadan 1331 (August 12, 1913) forming the Code of Obligations and Contracts, cannot
exceed 2% of the share of payments corresponding to the capital value of the property to be made
until the scheduled date of transfer of ownership.
In the event of hire-purchase, the lessor cannot demand the delivery of the property until after
reimbursement of the part of the sums paid corresponding to the capital value of this property.
No compensation or cost, other than those mentioned above, can
be charged to the lessee. However, the lessor may claim from the lessee, in the event of
failure of the latter, reimbursement upon justification of the costs due to him
caused by this failure, to the exclusion of any lump-sum reimbursement of
recovery.
Article 141
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In the event of a rental accompanied by a promise to sell and rental with an option to purchase,
the act noting the exercise of the option is concluded under the condition precedent provided for in article
127.
When this condition is not fulfilled, the lessor is required to return all sums
paid by the lessee with the exception of the rents and the costs of restoring the property which are
the charge of the lessee under the terms of the law or the contract.
From the sixteenth day following the request for reimbursement, this amount is
productive interest at the legal rate.

Chapter III
Common provisions
Section 1 - Global effective rate
Article 142
In this title, the overall effective rate is understood to mean the rate defined in accordance with
current legislation and regulations.
Article 143
The overall effective rate defined in article 142 must be mentioned in any document noting
a credit agreement governed by this title.

Section 2 - Surety
Article 144
The natural person who undertakes by private deed as surety for the
operations under Chapters I and II of this Title must, on pain of nullity of its
commitment, precede his signature with the following handwritten mention, and only
this one:
"By giving me a guarantee of ……, up to the sum of …… covering the payment
principal, interest and, where applicable, penalties or "default interest and for
duration of ......, I undertake to reimburse the lender the sums due on my income and
goods if …… does not satisfy it itself ”.
Article 145
When the creditor requests a joint and several guarantee for one of the transactions
falling under Chapters 1 and II of this Title, the person who acts as surety must,
penalty of nullity of his engagement, precede his signature by the handwritten mention
next :
"In my capacity as joint surety, I know that I do not have the right to demand the discussion
of the debtor, provided for by article 1136 of the Dahir of 9 Ramadan 1331 (12 August 1913) forming Code
Obligations and Contracts and consequently I undertake to reimburse the creditor,
jointly and severally with Mr. Or Mrs. …… without requiring that he or she be prosecuted beforehand ”.
Article 146
Any natural person who has acted as surety for a transaction falling within the scope of
chapters 1 and II of this title, must be informed by the lender of the default of the
principal debtor from the first payment incident. If the lender does not comply with this
obligation, the surety cannot be held liable for the payment of late penalties or interest.
between the date of this first incident and the date on which it was informed.
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Article 147

A lender may not rely on a surety contract for a transaction falling under
of chapters 1 and II of this title, concluded by a natural person whose
the undertaking was, at the time of its conclusion, manifestly disproportionate to his property and
income, unless the patrimony of this surety, at the time it is called, does not
allows you to meet your obligation.

Section 3 - Remuneration of the supplier
Article 148
Any supplier, whether or not an employee of a banking or credit organization, may under any circumstances
case, to be remunerated according to the rate of the credit which he made contract to the purchaser of a good
furniture or real estate.

Section 4 - Grace periods
Article 149
Notwithstanding the provisions of the 2 nd paragraph of article 243 of the Dahir of 9 Ramadan 1331 (12
August 1913) forming the Code of Obligations and Contracts, the performance of the debtor's obligations
can be, in particular in the event of dismissal or unforeseeable social situation, suspended by
order of the president of the competent court. The order may decide that, during the period
please, the sums due will not produce interest.
In addition, the judge may determine in his order the terms of payment of
sums that will be payable at the end of the suspension period, without the last payment
may exceed by more than two years the term initially provided for the reimbursement of the
ready ; it may, however, defer ruling on these terms until the end of the period of
suspension.

Section 5 - Bills of exchange and promissory notes
Article 150
Without prejudice to the provisions of article 164 of law n ° 15-95 forming the code of
trade are void, bills of exchange and promissory notes subscribed or endorsed by
the borrower on the occasion of credit operations governed by this title.

Section 6 - Miscellaneous provisions
Article 151
The provisions of this title are of public order.

TITLE VII
CONSUMER ASSOCIATIONS
CHAPTER I
General provisions
Article 152
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Consumer protection associations, constituted and functioning
in accordance with the laws and regulations in force relating to the right of association,
ensure the information, defense and promotion of consumer interests, and contribute to
compliance with the provisions of this law.
Article 153
Within the meaning of this law, cannot be considered as associations protecting the
consumer, the association which:
• has among its members legal persons engaged in profit-making activities;
• receives aid or subsidies from companies or groups of companies
providing products, goods or services to the consumer;
• advertises that are commercial or that is not purely informative, for
goods, products or services;
• is engaged in activities other than the defense of consumer interests;
• pursues a political goal.
Article 154
Consumer protection associations can be recognized as useful
public if they comply with the laws and regulations in force relating to the right
association; they must also have as their exclusive statutory object the protection of
interests of the consumer and be governed by statutes conforming to a standard statute fixed by way of
regulatory.
Article 155
Consumer protection associations recognized as being of public utility
in accordance with the provisions of article 154 must constitute themselves as a National Federation
of consumer protection governed by the legislation on the right of association and the
provisions of this law .
National Federation of Consumer Protection automatically acquires the
recognition of public utility.
The statutes of the National Federation of Consumer Protection are set by
decree.
The recognition of public utility is conferred on it by decree.
Article 156
In accordance with the legislation in force, a National Fund for the
consumer protection in order to finance activities and projects aimed at protecting
of the consumer, to develop a consumerist culture and to support associations of
consumer protection constituted in accordance with the provisions of this law.
The Ministry in charge of Trade, Industry and New Technologies is responsible for
management of this fund.
The resources of this fund consist of:
- allocations from the general budget;
- a percentage of the fines collected as a result of the disputes on which it has been
ruled under this law;
- Donations and bequests for the benefit of the fund;
- All other resources legally obtained.
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Will be fixed by decree, the regime of administration of the fund, management of its finances
as well as the percentage of fines and the nature of the resources allocated to it by virtue of
of this article.

CHAPTER II
Legal actions by the National Federation and associations of
Consumer Protection
Article 157
The national federation and recognized consumer protection associations
of public utility in accordance with the provisions of article 154 may institute actions in
justice, intervene in pending actions, become a civil party before the judge
instruction for the defense of consumer interests and exercise all rights recognized to
the civil party relating to the facts and actions which prejudice the collective interest of
consumers.
However, consumer protection associations not recognized as useful
public and whose sole purpose is consumer protection, cannot exercise the
rights recognized by the first paragraph above only after obtaining a
special authorization from the competent party to take legal action and under the conditions set
by regulation.
The provisions of the second paragraph of article 7 of law n ° 22-01 relating to the procedure
criminal law do not apply to the national federation and associations for the protection of
consumer covered by this article.
Article 158
Notwithstanding the provisions of Chapter III of Title II and the 3 rd paragraph of Article 33
of the code of civil procedure, the federation or any consumer protection association
referred to in Article 157 may, where several consumers, identified natural persons
have suffered individual damages caused by the same supplier and which have an origin
common law, bring compensation before any court on behalf of these consumers, if it has
been mandated by at least two consumers concerned.
The mandate may not be requested by means of a public televised or radio call, nor by
display channel, leaflet or any means of remote communication.
The mandate must be given in writing by each consumer.
Article 159
The territorial jurisdiction in matters of civil actions belongs to the jurisdiction of the place
where the event causing the damage occurred or to the jurisdiction of the place of
residence of the defendant, at the choice of the National Federation or the
consumer.
Ancillary civil actions are brought before the criminal court,
in accordance with the conditions set by Law No. 22-01 relating to criminal procedure.
The meanings and notifications which concern the consumer are addressed to the
National federation or the consumer protection association which initiates the action
justice in his name; they are valid if they have been submitted in accordance with the deadlines
prescribed by law.
Article 160
The mandate is exercised free of charge.
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Article 161
Any consumer may withdraw the mandate referred to in article 158 at any time.
However, the action formed by the National Federation or the association for the protection of
consumer takes its course regardless of the number of consumers on whose behalf it
is brought.
Article 162
The national federation or the consumer protection association referred to in article
157 may apply to the court ruling on the civil action or on the accessory action
to order the defendant or the accused to cease the unlawful acts or to suppress,
in the contract or model contract offered or addressed to consumers, an illegal clause or
abusive.
The injunction emanating from the court is accompanied by a penalty fixed by the court
and provisional execution.
The penalty applies from the eighth day following the date of the injunction if it
This takes place by agreement, and from 8 th day following the notification if it
pronounced by default, unless the court sets another deadline for the application of the penalty payment
not exceeding thirty days.
Article 163
When the defendant or the accused expresses his desire to put an end to the acts
unlawful or to delete in the contract or the standard contract offered or addressed to the consumer
an illegal or abusive clause, the court applies the provisions of the previous article and
gives the interested party a period not exceeding thirty days, renewable once.
The penalty applies immediately after the expiry of the time limit set by the court and
it is recovered when the judgment is pronounced.
Article 164
Notwithstanding the legislative provisions to the contrary, the public prosecutor produces ex officio or
by order of the court seised, the minutes or investigation reports that it holds, including
production is useful in settling the dispute.
Article 165
The court seised may order the publication of the judgment rendered, by any means
that it determines; this publication is carried out under the conditions and under the penalties provided for
by the penal code.
The publication takes place at the expense of the convicted person or the unsuccessful party.

TITLE VIII
INVESTIGATION AND FINDING PROCEDURES
Article 166
In addition to the judicial police officers, the investigators specially commissioned for this
effect by the competent administration are qualified to carry out the research and
finding of breaches of the provisions of this law.
They must be sworn in and bear a professional card issued for this purpose.
by the competent administration, in accordance with the terms set by regulation.
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The agents referred to in this article are bound by professional secrecy under penalty of
sanctions provided for in article 446 of the Penal Code.
Article 167
The findings of infringements give rise to the establishment of reports which are
sent to the competent public prosecutor within a period which may not exceed 15 days from
of the completion of the investigation.
The agents referred to in Article 166 who comply with
not the period referred to in the previous paragraph without valid reason.
Article 168
Notwithstanding the provisions of article 24 of the Law on Criminal Procedure, these
reports state the nature, date and place of the findings or checks
carried out. They are signed by the investigator (s) and by the person (s) concerned by the
investigations. In case of refusal of this (s) to sign, mention is made in the minutes. A
double is left to interested parties. They are binding until proven guilty.
The minutes are exempt from stamp and registration formalities and duties.
They are drawn up immediately for those referred to in article 170.
With regard to the investigations referred to in article 169 below, the minutes
must indicate that the offender was informed of the date and place of their writing and
that he was summoned to attend this drafting.
The convocation of the offender is recorded in an ad hoc logbook and
includes mention of the date of delivery, the surname and first name of the offender, the address and
nature of the activity he carries out as well as the summons provided for above.
The summons is considered validly made when the summons has been
delivered to the offender at his place of work or at his home, to one of the employees of the
offender or to any person entrusted in any capacity with the management or
company administration. Mention of this discount is made on the invitation.
In the event that the offender could not be identified, the reports are drawn up
against unknown.
Article 169
Investigators can access any premises, land or means of transport used
professional, request the communication of books, invoices and any other document
professional and obtain or take a copy by all means and on all media, collect on
convocation or on site the information and justifications.
The action of the investigators is also exercised, where appropriate, on the goods or
products transported. To this end, they may request for the accomplishment of their mission, to
the opening of all packages and luggage during their dispatch or delivery in the presence of the
carrier and either the sender or the recipient or in the presence of their representative.
Transport contractors are required not to bring any obstacle to these operations.
and to present movement documents, waybills, receipts, bills of lading and
declarations of which they are holders.
Investigators can ask the administration to appoint a forensic expert
to carry out any necessary contradictory expertises.
Article 170
The aforementioned investigators cannot carry out visits to all places as well as
seizure of documents and any information medium, only in the context of inquiries requested
by the competent administration, with the justified authorization of the public prosecutor in the jurisdiction
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where the places to visit are located. When these places are located within the jurisdiction of several
jurisdictions and that simultaneous action must be taken in each of these places, a
single authorization can be issued by one of the competent public prosecutors.
The relevant public prosecutor must be notified.
The visit and the seizure are carried out under the authority and the control of the public prosecutor who
authorized. He appoints one or more judicial police officers responsible for attending these
operations and keep it informed of their progress. Application is made, if necessary,
the provisions of the 2 nd paragraph of Article 60 of the Code of Criminal Procedure.
The visit, which cannot begin before 6 a.m. or after 9 p.m.,
is carried out in the presence of the occupant of the premises or his representative. Otherwise, the
provisions of Article 104 of the Code of Criminal Procedure are applied.
The investigators, the occupant of the premises or his representative as well as the police officer
court alone can take cognizance of the documents and documents before they are seized.
Inventories and sealing of seized items are carried out in accordance with
provisions of the Code of Criminal Procedure.
The originals of the official report and the inventory are sent to the public prosecutor who has
authorized the visit, a copy is delivered to the person concerned.
Copies of the documents to remain seized are issued to the interested parties at their expense,
certified by the investigator in charge of the investigation. Mention is made in the minutes.
The documents and documents which are no longer useful for the manifestation of the truth are
returned to the occupant of the premises or his representative.
Article 171
Investigators can, in the context of the missions they accomplish, without seeing each other
oppose professional secrecy, access any document or item of information held by
administrations, public establishments and local communities.
Article 172
For the investigation and observation of infringements of the provisions of Articles 21 and 22,
investigators can require the advertiser to make all the information available to them
suitable for justifying advertising claims, indications or presentations. They can
also require the advertiser, advertising agency or support manager to put
broadcast advertising messages available to them.
Without prejudice to the provisions of the above paragraph, the advertiser on whose behalf
the comparative advertising is disseminated must be able to prove within a short time
the material accuracy of the statements, indications, and presentations contained in the
publicity.

TITLE IX
PENALS SANCTIONS
Article 173
Infringements of the provisions of Title II of this law and of the texts taken for its
application are punished with a fine of 2,000 to 5,000 Dirhams.
Article 174

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Violations of the provisions of Articles 21 and 22 above are punishable by a fine.
from 50,000 to 250,000 Dirhams.
The maximum fine provided for in this article may be increased to half of the expenses of
advertising constituting the offense.
If the offender is a legal person, he will be punished with a fine of 50,000 to
1,000,000 dirhams.
For the application of the provisions of this article, the court may request both
parties than the advertiser the communication of all useful documents. In case of refusal, it can
order the seizure of these documents or any appropriate investigative measure. She can
in addition to pronouncing a fine of 10,000 DH per day of delay from the date it has
retained for the production of these documents.
Article 175
The penalties provided for in the first paragraph of article 174 are also applicable in the event of
refusal of communication of the elements of justification or advertisements disseminated, requested
under the conditions provided for in the first paragraph of Article 172, as well as in the event of
failure to comply with decisions ordering the cessation of advertising or failure to perform in the
time limit for corrective announcements.
In the event of a conviction, the court orders the publication and / or display of its
decision. It can also order at the expense of the convicted the publication of one or more
corrective announcements. The decision sets the terms of these announcements and the terms of their
publication or dissemination and gives the convicted person a time limit to have it done, in the event of
deficiency, this dissemination or publication is carried out at the behest of the public prosecutor to the
costs of the convicted person.
The cessation of advertising may be ordered by the investigating judge or the party
civil or by the court seised of the proceedings, either at the request of the public prosecutor, or
systematically. The measure thus taken is enforceable notwithstanding all legal remedies. Release
can be given by the court which ordered it or which is seized of the file. Measurement
ceases to have effect in the event of a dismissal or discharge decision.
Decisions ruling on release requests may be appealed against.
in front of the correctional chamber or in front of the correctional appeals chamber according to
that they were pronounced by the examining magistrate or by the court seized of the proceedings.
The correctional chamber and the correctional appeals chamber rule in a
period which may not exceed ten days from receipt of the file.
The advertiser on whose behalf the advertisement is made is primarily responsible,
of the offense committed.
If the offender is a legal person, the responsibility rests with its officers. The
complicity is punishable in accordance with the provisions of the penal code.
The offense is constituted when the publicity is made, received, or perceived by the
consumer.
Article 176
The supplier who, in violation of the regulations, is punished with a fine of 10,000 to 50,000 dirhams.
provisions of Articles 23 and 24, advertises regardless of the
remote communication.
The court may also order the publication or display of the decision of
conviction.
Article 177
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Violations of the provisions of articles 29, 30 and 32 are punishable by a fine.
from 1200 to 10,000 dirhams.
In the event of a repeat offense, the fine is doubled.
Is a repeat offender the perpetrator who commits the offense within five years following a
conviction having the force of res judicata for similar facts.
Article 178
The refusal of the supplier to reimburse the
consumer under the conditions provided for in Articles 37 and 40.
In the event of a repeat offense, the fine is doubled.
Is a repeat offender the perpetrator who commits the offense within five years following a
conviction having the force of res judicata for similar facts.
Article 179
Is punished by a fine of 2,000 to 20,000 DH the supplier who does not carry out the
order under the conditions provided for in article 39.
Article 180
Any violation of the provisions of Articles 47 to 51 and Article 31 will be fined.
from 1200 to 25,000 Dirhams.
If the offender is a legal person, he will be punished with a fine of 50,000 to
1,000,000 dirhams.
Article 181
The supplier who fails to comply with the requirements prescribed in article 54 will be punished
a fine of 2,000 to 10,000 Dirhams.
The same penalty is applicable for non-observance of the provisions of article 55.
Article 182
Breaches of the provisions of Articles 51 and 52 above and of the texts taken for their
application are punished with a fine of 1200 to 10,000 DH.
In the event of a repeat offense, the fine is doubled.
Is a repeat offender the perpetrator who commits the offense within five years following a
conviction having the force of res judicata for similar facts.
Article 183
Without prejudice to more serious penalties, breaches of the provisions of Article 58 are
punished from one month to one year of imprisonment and a fine of 20,000 to 40,000 dirhams.
The author may also be ordered to reimburse those of his clients who have not
could be satisfied with the sums paid by them, without having recourse against those who
got the goods.
The court may also order the publication or display of its decision at the expense
of the condemned and the way it will have decided.
Article 184
Without prejudice to the provisions of article 552 of the penal code, offenses against
provisions of Article 59, on the abuse of weakness or ignorance of a consumer, are
punished by imprisonment of 1 month to 5 years and a fine of 1,200 to 50,000 dirhams or
only one of these two penalties.
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If the offender is a legal person, he will be punished with a fine of 50,000 to 1,000,000
dirhams.
Article 185
Without prejudice to more serious penalties, are punished by a fine of 50,000 to 200,000 DH
organizers of the operations defined in the first paragraph of Article 60, who have not complied with
the conditions required by chapter 9 of Title IV of this law. The court can order
the publication or display of its decision at the expense of the convicted person and in the manner it will have
decided.
Article 186
Infringements of provisions 66 to 73 and of the texts adopted for its application are punished
a fine of 2,000 to 10,000 dirhams.
Article 187
A lender who fails to comply with the formalities prescribed in Articles 77 to 83 and
provide a detachable form in the credit offer, in application of article 85, will be punished
a fine of 6000 to 20,000 DH.
The same penalty is applicable to the advertiser on whose behalf a
advertising not in accordance with the provisions of Articles 76 and 101.
If the offender is a legal person, liability for damages resulting from
the offense is jointly and severally incumbent upon it and its managers.
The court may also order the publication of the judgment and / or the rectification
publicity at the expense of the convicted person.
The penalties provided for in the first paragraph of this article are also applicable to
supplier who contravenes the provisions of sections 92 and 102.
Article 188
Will be punished with a fine of 30,000 to 200,000 DH:
1. Anyone who, in violation of the provisions of the 1 st paragraph of Article 84, has a
same consumer several prior offers for a total capital amount greater than the
value payable on credit of the goods purchased or the provision of services provided;
2. Anyone who, in breach of the provisions of paragraph 3 of Article 85, registers or makes
record on a file the name of the persons using the right of withdrawal;
3. The lender or supplier who, in breach of the provisions of Articles 87 and 99,
demands or receives payment in any form from the borrower;
4. Anyone who has signed forms for direct debits from bank accounts or
any source of income containing clauses contrary to the provisions of the articles
above;
5. Anyone who has a check delivered, signed, accepted, or endorsed by the borrower of
trading effects ;
6. Anyone who unduly persists in not repaying the sums referred to in the penultimate
paragraph of article 97.
Article 189
The advertiser on behalf of whom an advertisement is broadcast that does not comply with
provisions of articles 115, 116 and 136 is punished by a fine of 30,000 to 200,000 DH.
The court may furthermore order the publication and / or display of its decision to
costs of the convicted person and in the manner it will have decided.
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Article 190
The lender or the lessor who does not comply with one of the obligations provided for in articles
117, 118 and 119 in article 124 second paragraph, in article 125 and in article 137 is punished with
fine of 3000 to 20,000 DH.
The lender who has the borrower subscribe or the declared sureties, or receives from their
apart from the acceptance of the offer without it having a date or in the event that it includes
a false date such as to make believe that it was given after the expiration of the period of 10
days prescribed in Article 120, is punished by a fine of 30,000 to 200,000 DH.
The same penalty is applicable to the lessor who has subscribed by the lessee or who receives
its part the acceptance of the offer without this one including a date or in the event that it
contains a false date such as to suggest that it was given after the expiration of the
seven-day period prescribed in section 138.
In the cases provided for in the preceding paragraphs, the lender or the lessor may also be
deprived of the right to interest, in whole or in the proportion fixed by the court.
Article 191
The lender or the lessor who, in breach of the provisions of article 121 or of article
139, agrees to receive from the borrower or the lessee, or on behalf of one of these
last, an installment or deposit, a check or a negotiable instrument made, endorsed or
endorsed for its own benefit, or uses a direct debit authorization from a bank account or
any source of income, will be punished with a fine of 30,000 to 200,000 DH.
Article 192
The lender in breach of the provisions of the first paragraph of article 124, or the
supplier in breach of the provisions of article 127, or the lessor in breach of the
provisions of article 141, which does not return the sums referred to in these articles, will be punished with
fine of 30,000 to 200,000 DH.
The same penalty is applicable to the one who claims from the borrower or the lessee or withholds
in his account sums greater than those he is authorized to claim or to withhold in
application of the provisions of Article 134 or of the last two paragraphs of Article 140.
In addition, the court may order the posting and / or publication of its decision at the expense of the
condemned and in the manner it will have decided.
Article 193
Any violation of the provisions of article 143 is punishable by a fine of 20,000 to 30,000 DH.
Article 194
Any violation of the provisions of article 206 is punishable by a fine of 2,000 to
5,000 dirhams.
Article 195
The penal provisions provided for by this law only apply if it turns out
difficult to give the punishable facts a more severe criminal qualification in application of the
provisions of the penal code.

TITLE X
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
Article 196
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From the date of publication of this law in the “Official Bulletin”, are
repealed the provisions of article 10 of law n ° 13-83 relating to the repression of fraud on
goods and the provisions of articles 49 and 50 of law n ° 06-99 on freedom of prices
and competition.
However, the regulatory provisions adopted for the application remain in force.
of the aforementioned article 50 until their repeal.
Article 197
This law shall enter into force from the date of its publication in the “Bulletin
Official ”, subject to the following provisions.
- The provisions of articles 3, 4 and 6 and 12 to 14 will come into force as from the
effective date of the regulatory provisions necessary for their application; from
of this effective date, the provisions of Articles 47, 48 and of the
first paragraph of article 71 of law n ° 06-99 on the freedom of prices and
competition.
- The provisions of article 47 will come into force from the date of
effect of the regulatory provisions necessary for their application.
- The provisions of Chapter IX of Title IV relating to advertising lotteries will come into effect
effective from the date of entry into force of the regulatory provisions
necessary for their application.
- The provisions of article 83 will come into force from the date of
effect of the regulatory provisions necessary for their application.
Article 198
Suppliers must:
- within six months from the date of publication of this law at
"Official Bulletin", put fixed-term subscription contracts in progress,
in accordance with the provisions of Article 7, unless their provisions
be more favorable to said consumers;
- within six months from the date of publication of this law at
"Official Bulletin", bring current contracts into conformity with the provisions
public order of Title III relating to the protection of consumers against clauses
abusive;
- within one year from the date of publication of this law at
"Official Bulletin", put any sign, company name or commercial name
in accordance with the provisions of article 55.
Article 199
The lender, subject to the provisions of Chapter I of Title VI relating to loans to the
consumption, must, within six months from the date of publication of the
this law in the “Official Bulletin”:
- bring the consumer credit contracts referred to in Article 79 into conformity with
public order provisions, unless their clauses are no longer favorable to
the borrower;
- bring consumer credit contracts into line with the provisions
of public order in Articles 103 to 108, unless their clauses are no longer favorable
to the borrower;
Article 200
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The lender, subject to the provisions of Chapter II relating to mortgage loans of Title VI,
must, within six months from the date of publication of this law in
"Official Bulletin", bring the mortgage contracts in progress, in accordance with the
public order provisions of Articles 132 to 134 and 140, unless their clauses are no longer
favorable to the borrower;
Article 201
The legally constituted consumer protection associations on the date of
publication of this law in the "Official Bulletin" must, if necessary, put themselves in
compliance with the provisions of article 153 of this law, within six
months from said date of publication.
Without prejudice to the provisions of the first paragraph, associations for the protection of
consumer referred to in Chapter I Title VII, each as far as it is concerned on the date of
publication of this law in the "Official Bulletin", who want to bring legal actions
provided for in Chapter II of Title VII of this Law, must comply with the
provisions of article 154 and this, from the date of effect of the regulatory measures
necessary for the application of the said article. In addition, and from the same effective date, the
provisions of article 99 of law n ° 06-99 relating to freedom of prices and competition
are repealed.
Article 202
In the event of a dispute between the supplier and the consumer, and notwithstanding any condition
to the contrary, the competent court is the court of the domicile of the consumer or
his place of residence or the jurisdiction of the place where the event causing the injury to the
consumer choice.

Article 203
The deadlines provided for in this law are clear deadlines.
Article 204
A higher consumer advisory council will be created, an autonomous body,
responsible in particular for the mission of proposing and giving its opinion on measures relating to
promotion of a consumerist culture and the development of the level of protection of
consumers.
Article 205
The composition of the Higher Consumer Advisory Council and its modalities
operation will be by the legislation in force.
Article 206
Any contract concluded in a foreign language must be accompanied
an Arabic translation.

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