Aspects of Real Estate Security in The Real Property Rights Code

Title: مظاهر الأمن العقاري في مدونة الحقوق العينية

Authors: Fatima Zahra Graoui

Abstract: If real estate has an economic importance and a distinct place in human life, then preserving it and protecting it from disputes is one of the most important challenges that Morocco faces in order to achieve real estate security.

To this purpose, the Moroccan legislator issued Law 39.08 as a code of real estate rights, and this has constituted a prominent event in the field of real estate legislation, in which multiple reasons and backgrounds were evident to overcome the complex legal situations, fill the loopholes of duplication of the real estate system, and overcome the conflicts in the judicial rulings issued regarding it.

Having said that, this article aims to clarify the various foundations and principles formulated by the legislator in order to win the real estate security bet, whether through adopting the official principle in documenting real estate transactions and unifying the provisions applied to real estate or through real estate lawsuits. This study also focuses on highlighting the aspects that stood as an impenetrable barrier to achieving real estate security.

Keywords: Real
estate security – The code of real rights – Real estate lawsuit