Judgment and Commentary

This legal commentary analyzes two decisions by the Moroccan Supreme Court concerning commercial goodwill and registration requirements. The first decision (No. 653, December 5, 1979) establishes that a person regularly registered in the commercial register is presumed to be the apparent owner of commercial goodwill. It further rules that potential creditors of the seller of commercial goodwill cannot challenge a sale against third parties unless they contest it within the statutory time limits set forth in Article 4 of the Dahir of December 31, 1914. The second decision (No. 403, February 20, 1985) complements and reinforces the first ruling. The commentary provides critical legal analysis of these principles.