The Moroccan Family Code (Moudawana) of February 5, 2004

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Global Rights published an unofficial translation of the Moroccan Family Code (Moudawana) of 5 February 2004.

 

Table of Contents

BOOK ONE: OF MARRIAGE

  1. Title One: Of Engagement and Marriage
    1. Chapter I: Of Engagement
    2. Chapter II: Of Marriage
  2. Title Two: Of Capacity, Tutelage and the Dowry
    1. Chapter I: Of Capacity and Tutelage in Marriage
    2. Chapter II: Of the Dowry
  3. Title Three: Of Marriage Impediments
    1. Chapter I: Of Permanent Impediments
    2. Chapter II: Of the Temporary Impediments
  4. Title Four: Of Volitional Conditions in the Marriage Contract and their Effects
  5. Title Five: Of Marriage Categories and Provisions
    1. Chapter I: Of the Valid Marriage and its Effects
      1. Section 1: Of the Husband and Wife
      2. Section 2: Of Children
      3. Section 3: Of Relatives
    2. Chapter II: Of the Invalid Marriage and its Effects
      1. Section 1: Of the Null and Void Marriage
      2. Section 2: Of the Defective Marriage
  6. Title Six: Of the Formalities and Administrative Measures to Legalize a Marriage Contract

BOOK TWO: OF THE DISSOLUTION OF THE BONDS OF MATRIMONY AND ITS EFFECTS

  1. Title One: General Provisions
  2. Title Two: Of Death and Anullment
    1. Chapter I: Of Death
    2. Chapter II: Of Annulment
  3. Title Three: Of Repudiation
  4. Title Four: Of Divorce
    1. Chapter I: Of Divorce Sought by Either Spouse for Irreconcilable Difference
    2. Chapter Two: Of Divorce for Other Causes
      1. Section 1: Of Non Respect of One of the Conditions in the Marriage Contract or Harm
      2. Section 2: Of Non Maintenance 
      3. Section 3: Of Absence
      4. Section 4: Of The Latent Defect
      5. Section 5: Of Abstinence or Abandonmen
      6. Section 6: Of Divorce Suits
  5. Title Five: Of Divorce by Mutual Consent or Divorce in Exchange for Compensation
    1. Chapter I: Of Divorce by Mutual Consent
    2. Chapter II: Of Divorce in Exchange for Compensation (khol)
  6. Title Six: Of Divorce and Repudiation Categories
    1. Chapter I: Of Interim Orders
    2. Chapter II: Of Revocable and Irrevocable Divorces
  7. Title Seven: Of the Effects of the Dissolution of the Marriage Contract
    1. Chapter I: Of the Legal Waiting Period (iddat)
      1. Section 1: Of the Legal Waiting Period Following the Death of the Husband
      2. Section 2: Of the Legal Waiting Period of the Pregnant Woman
    2. Chapter II: Of the Overlapping of Legal Waiting Periods
  8. Title Eight: Of Divorce Certification Procedures and Content

BOOK THREE: OF BIRTH AND ITS EFFECTS

  1. Title One: Of Filiation and Paternity
    1. Chapter I: Of Filiation
    2. Chapter II: Of Paternity and Modes of its Proof
  2. Title Two: Of Custody
    1. Chapter I: General Provisions
    2. Chapter II: Of People Entitled to Custody and their Order of Priority
    3. Chapter III: Conditions for Awarding Custody and Causes for its Withdrawal
    4. Chapter IV: Of Child Visitation
  3. Title Three: Of Financial Maintenance
    1. Chapter I: General Provisions
    2. Chapter II: Of Maintenance Paid to the Wife
    3. Chapter III: Of Maintenance Paid to Close Relatives
      1. Section 1: Of Maintenance Paid to Children
      2. Section 2: Of Maintenance Paid to Parents
    4. Chapter IV: Of the Commitment to Pay Maintenance

BOOK FOUR: OF LEGAL CAPACITY AND REPRESENTATION

  1. Title One: Of Legal Capacity, Causes of Guardianship due to Legal Incapacity (Al-Hajr), and Acts of Disposal
    1. Chapter I: Of Legal Capacity
    2. Chapter II: Of Grounds for Al-Hajr (Placing Under Guardianship due to Incapacity) and Procedures to Establish it
      1. Section 1: Of the Grounds for Al-Hajr
      2. Section 2: Of the Procedures to Establish al-Hajr and to Remove it
    3. Chapter III: Of the Acts of the Person Placed Under Guardianship
      1. Section 1: Of the Acts of a Person Devoid of Capacity
      2. Section 2: Of the Acts of a Person Not Fully Capable
  2. Title Two: Of Legal Representation
    1. Chapter I: General Provisions
    2. Chapter II: Of the Functions and Responsibilities of the Legal Representative
      1. Section 1: Of the Legal Tutor
      2. Section 2: Of the Testamentary Guardian and the Court-Appointed Guardian
    3. Chapter III: Of Judicial Oversight

BOOK FIVE: OF WILLS (Not translated)

BOOK SIX: OF INHERITANCE (Not translated)

BOOK SEVEN: OF INTERIM AND FINAL PROVISIONS

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