Enforcement of a Foreign Judgment Debt in Morocco

Enforcement of a Foreign Judgment Debt in Morocco: A Legal Overview

In today’s globalized economy, cross-border commercial transactions and disputes are increasingly common. But what happens when a foreign party obtains a favorable court judgment abroad and needs to enforce it in Morocco? Moroccan law provides a clear legal framework for the recognition and enforcement of foreign judgments, primarily through a procedure known as exequatur.

In this article, we explore how a foreign judgment can be enforced in Morocco, the procedural steps involved, and how LegalMorocco can assist international creditors in recovering debts legally and efficiently.

1. Legal Basis for Enforcement

The enforcement of foreign judgments in Morocco is governed by:

• Articles 430 to 432 of the Moroccan Code of Civil Procedure (Code de procédure civile)
• Applicable bilateral or multilateral treaties (e.g., conventions with France, Spain, UAE, etc.)
• Principles of international private law

To be enforced, a foreign judgment must be declared enforceable (exécutoire) by a Moroccan court through the exequatur process.

2. Conditions for Exequatur in Morocco

For a foreign judgment to be granted exequatur in Morocco, the following conditions must generally be met:

• Finality: The judgment must be final and enforceable in the issuing country.
• Jurisdiction: The foreign court must have had proper jurisdiction over the matter.
• Due Process: The parties must have had the opportunity to present their case.
• No Conflict with Moroccan Public Order: The content of the judgment must not violate Moroccan public policy or Islamic principles.
• Reciprocity: There must be a principle of reciprocity between Morocco and the issuing state (either through a treaty or practice).

3. Procedure for Enforcing a Foreign Judgment

The main steps are as follows:

1. Filing an Exequatur Request: The creditor must file a petition before the Court of First Instance at the debtor’s domicile (or at Casablanca if the debtor has no known address in Morocco).
2. Documents Required:
   • Original or certified copy of the foreign judgment
   • Proof that the judgment is final and enforceable
   • Translation into Arabic or French by a sworn translator
   • Power of attorney to the local lawyer (if applicable)
3. Court Review: The court reviews the legality of the foreign decision and ensures it meets the required criteria.
4. Issuance of the Exequatur Decision: Once granted, the judgment becomes enforceable as if it were a Moroccan court decision.
5. Execution Measures: With the exequatur obtained, creditors can take standard enforcement measures like asset seizure, bank garnishments, or property attachments.

4. Timeframe and Challenges

• Timeframe: The exequatur procedure may take between 2 to 6 months, depending on court backlog and document completeness.
• Challenges: Delays often arise from translation issues, objections by the debtor, or absence of reciprocity.

5. How LegalMorocco Can Help

At LegalMorocco, we specialize in international debt recovery and enforcement of foreign judgments. Our legal team assists with:

• Preparing and filing the exequatur request
• Representing clients before Moroccan courts
• Conducting asset investigations
• Initiating enforcement procedures after exequatur is granted
• Acting as a legal intermediary between foreign clients and Moroccan institutions

We also offer bilingual legal support (Arabic, English, French) and liaise with court-appointed bailiffs to execute judgments efficiently.

Conclusion

Enforcing a foreign judgment in Morocco requires a strategic legal approach and familiarity with the exequatur procedure. Whether you are a company or individual creditor, LegalMorocco ensures that your foreign judgment is properly recognized and enforced, helping you recover your debts with legal certainty.

Read also : Debt Enforcement in Morocco: Legal Steps