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The right of the tenant to compensate for emptying in shops in accordance with the provisions of the Moroccan Commercial Rental Law No. 49.16 | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 7, Volume 14, Issue: 1 part 2, June 2024, Pages 171-205 PDF (812.35 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.149386.1249 | ||
| Authors | ||
| Souad Ahmed Ezzerouali1; ahmed mohammed siddiq* 2 | ||
| 1Dhofar University - Sultanate of Oman | ||
| 2Iraq / Kirkuk / University of Kirkuk / College of Law and Political Science | ||
| Abstract | ||
| The right of the tenant to claim compensation for emptying is a basic guarantee approved by the legislator to avoid the abuse of the owner in exercising his right to emptying and to recover his place. The right to compensation for discharge is one of the rights resulting from the acquisition by the merchant of the right to rent. A person who decides to terminate the contract and recover his place is obliged to pay compensation to the contractor in accordance with what is stipulated in the law. The issue of the right of the owner to compensation raises a fundamental problem about the extent to which the Moroccan legislator has succeeded through this mechanism in ensuring the stability of commercial enterprises, thus achieving the desired protection for the owner and reparation for the damage that will be caused to him as a result of emptying. This and to take note of all aspects of the subject has been divided into two sections, where the first of them will address the scope of entitlement to compensation and the impact of non-deposit of the amount of compensation, and the second section was devoted to the assessment of compensation between the legal text and the discretion of the judge. | ||
| Keywords | ||
| Commercial lease contract; right of compensation; emptying; cunning | ||
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