Letting an unpaid invoice drag on is risky: after a certain time, the debtor can raise the limitation period, and the debt can no longer be claimed in court. The periods vary with the nature of the debt.
The general period
Under Article 387 of the Code of Obligations and Contracts, actions arising from an obligation are in principle time-barred after fifteen years, unless the law provides otherwise.
Between traders
Article 5 of the Commercial Code provides that obligations arising in the course of business between traders, or between traders and non-traders, are time-barred after five years, unless special provisions say otherwise.
Shorter periods
Many texts provide shorter periods for certain debts, for example those relating to commercial paper or certain services. The applicable period must therefore be checked for each situation, without relying only on the general rules.
Interrupting the limitation period
- A court claim, even in summary proceedings.
- An acknowledgement of the debt by the debtor, for example a partial payment or a written statement.
- Certain enforcement measures.
The firm's view
Regular follow-up of unpaid invoices and a formal notice sent in time prevent losing a debt over a simple question of deadlines.
Maître Malak Elimani assists companies in monitoring and recovering their debts. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Debt recovery
- Formal notice to pay in Morocco: content, delivery, effects
- Bounced Cheque in Morocco: What to Do and Your Remedies
- Payment Order in Morocco: Recovering a Debt Quickly
- Protective attachment: securing a debt in Morocco
- Remote working and the employment contract in Morocco: what to provide for
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.