Regulatory agreements
Between the rigidity of law and order and the flexibility of the business world.
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This research proposes a critical analysis of the regime applicable to regulated agreements in force in two dimensions: the omnipresence of corporate public order and the flexibility of the business world. The system of control of regulated agreements in Moroccan company law is inescapably necessary to guarantee the protection of the interests of the stakeholders, consequently, this relentless interventionism undoubtedly disempowers contractual freedom and surrounds the business world with rather heavy and restrictive procedures. To this end, the legislator finds himself between two antonyms, ...
This research proposes a critical analysis of the regime applicable to regulated agreements in force in two dimensions: the omnipresence of corporate public order and the flexibility of the business world. The system of control of regulated agreements in Moroccan company law is inescapably necessary to guarantee the protection of the interests of the stakeholders, consequently, this relentless interventionism undoubtedly disempowers contractual freedom and surrounds the business world with rather heavy and restrictive procedures. To this end, the legislator finds himself between two antonyms, anxious to reconcile the importance of public order and the protection of all the interests involved, in order to ensure the continuity of the company. In this respect, the Moroccan legislator, following the example of his French counterpart, has opted for a reform of the text in force, to reinforce security and guarantee better transparency in the business world. Consequently, it appears that the fact of continuing to invade the legislation by more impassable provisions, with an aim of securing the transactions and protecting the related parties.
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