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Franchising is part of the phenomenon of integrated distribution (concession, exclusive distribution contract, selective distribution contract...), which is the result of commercial practice. This form of distribution, which has proven its success in several countries, has been making its appearance in Morocco for several years now and is showing extraordinary development.The problematic that interests us in this work is to know to what extent the Moroccan law favors or on the contrary constitutes a handicap for the development of franchise agreements.In order to answer this question, only a legal and technical analysis of this commercial relationship will allow us to know if the positive law does not already provide concrete solutions to the problems it poses. If so, this would be a legally transparent structure because it is governed at least in part by law. On the other hand, if in the current state of Moroccan law, certain aspects of the franchise are not resolved, or even taken into account, we would have to conclude that this contractual model poses original problems and that it deserves legal recognition.
About the author
Chouay MohammedProfessor de direito empresarial nos Emirados Árabes Unidos/Marrocos.
