New Civil Code: Justice or Formalism

The article discussed the application of the new Civil Procedure Code in Morocco and its impact on litigation procedures. It highlighted the emergence of the first judicial rulings that rely on a literal interpretation of the text, mandating the inclusion of all data stipulated in Article 77, such as national identification numbers and email addresses, under penalty of formally dismissing the case. The article affirmed that the legislator's goal with this law is to simplify procedures and reduce complexities to achieve justice more effectively. It emphasized the importance for judges to go beyond a literal reading of the texts and to base their rulings on fundamental principles to ensure justice. Furthermore, it pointed out that judges should focus on the judicial purpose and actively utilize their role to facilitate procedures and protect the rights of the parties. The article also underscored the necessity of balancing legal texts with constitutional principles and confirmed that the absence of an email address for a legal person does not impede the progress of a case.

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