Commercial Court and Its Terms.

Commercial Court has jurisdiction over the cases and pays orders whatever may be their subjects and rights as well as financial, corporeal and legal centers meant to protect arising from commercial transactions. This court has two circuits, the minor circuits consist of a single judge to look into commercial claims of value less than Five Hundred Thousand Dirham as well as counter cases regardless of their value. The second circuit is the major circuits consist of three Judges presided by one of them, look into commercial claims, the value of which is not estimated or more than Five Hundred Thousand Dirham as well as the counter cases regardless of their value.

 

Commercial Cases of Full Jurisdiction

Commercial cases of full jurisdiction are cases in which the plaintiffs aim to protect legal positions, pecuniary or property rights resulting from commercial acts by nature or by practicing trade professionally or those resulting from commercial dealings or transactions whenever the disputed rights are not determined in value or that this value is in excess of 500000 Dirham provided they are not related to labor relationships, personal status, estates or Wakfs.

 

Commercial Cases of Full Jurisdiction

Commercial cases of full jurisdiction are cases in which the plaintiffs aim to protect legal positions, pecuniary or property rights resulting from commercial acts by nature or by practicing trade professionally or those resulting from commercial dealings or transactions whenever the disputed rights are not determined in value or that this value is in excess of 500000 Dirham provided they are not related to labor relationships, personal status, estates or Wakfs.

 

Writs of Performance

Writs of performance are orders on the petition and are considered an exception to the general rule of raising a lawsuit to recover rights. It is practiced whenever the creditor's right is evidenced in writing, due for payment and the right claimed is a monetary debt determined in value. It is also practiced in the right owner is a creditor by virtue of a commercial paper and his claim is restrictively addressed to the drawer, the maker, the acceptor or the guarantor. The request to issue the order must be preceded by a five-day prior notice addressed by the creditor to the debtor asking him to effect payment. The amount claimed in the notice of payment may not be less than the right claimed in the petition to issue the order of payment.

 

Orders on Petition

Orders on the petition are decisions rendered by the court upon submission by the petitioner without summoning the other parties. It aims at taking provisional or precautionary measures preserving the right or preventing the prejudice subject to the appreciation of the court and for the reasons and circumstances stated. These orders are forfeited if not submitted for execution within thirty days from the date of their issuance.

 

Summary Cases

Summary cases are cases in which the petitioners aim at obtaining judicial protection of the necessary means to decide the merits of the case in order to make the substantive protection more efficient by means of requesting the issuance of judicial orders to the effect of taking practical, provisional and protective measures from the risk of delay in payment

 

Sequestration

Sequestration is a measure taken by virtue of a petition to put a specific property under the protection of the court in order to protect the arrested property by limiting the authority of the arrested debtor with a view to secure the sequestrator creditor. Sequestration shall be considered as inexistent unless the applicant thereto files, with the competent court, a lawsuit in confirmation of the right and the validity of the seizure, within eight days at most from the date of laying the sequestration.

 

Grievance

Where orders on petition, including writs of performance, are issued without confronting the other party to the litigation. For this reason, the legislator has taken into consideration the right of the other party to guarantee his rights of defense and consequently gave him the right of grievance with respect of any order on petition including orders of performance and sequestrations in order to rebut its grounds and protect himself of its effects.

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