The Expansion of the Scope of Mandatory Insurance and the Decennial Guarantee: Between Legal Provision and Judicial Interpretation: Halima JEDDOU

حليمة جدو

Article Details

The Expansion of the Scope of Mandatory Insurance and the Decennial Guarantee: Between Legal Provision and Judicial Interpretation: Halima JEDDOU

Authors:

حليمة جدو

Publisher:

هشام الاعرج

Journal:

Majalat Monazaat Al-Aamal Vol.13 Issue 1, pp.0-0

Document Type:

Article

Publication Date:

2/2026

Document Language:

Arabic

Document ID (Org No.):

2001842575

pISSN:

2508-9293

Keywords:

Abstract:

 Abstract After a period of time, the Moroccan legislator responded to longstanding demands expressed by legal doctrine and judicial practice calling for the establishment of compulsory insurance in the construction sector. This response was embodied in Law No. 59.13 amending and supplementing the Insurance Code, which introduced mandatory construction insurance and defined its scope through binding legal provisions. Accordingly, compulsory insurance was extended to cover construction site risks pursuant to Article 157-1 of the Insurance Code, from the commencement of works until their completion, as well as compulsory insurance against decennial civil liability under Article 157-10. Since compulsory insurance against decennial civil liability is closely linked to the presumption of decennial liability established under Article 769 of the Moroccan Code of Obligations and Contracts, its effectiveness remains dependent on the scope of the decennial guarantee itself. However, an analysis of this scope reveals a restrictive legislative approach, both in terms of the persons subject to decennial liability and the categories of compensable damage. This restriction has generated significant legal challenges, particularly the imbalance between the scope of decennial liability and that of the compulsory insurance derived from it, resulting in situations where liability exists without corresponding insurance coverage and, consequently, insufficient legal protection for injured parties. In light of the ongoing development of the construction sector and the growing number of actors involved in this high-risk field, critical questions arise as to whether the Moroccan legislator adequately took these developments into account when regulating the scope of the decennial guarantee, and whether the narrow limitation of architectural liabilities is justified by acceptable legal, practical, and economic considerations. Comparative legislative and judicial experiences, particularly in France and Tunisia, demonstrate a clear tendency toward expanding the scope of the decennial guarantee to include a broader range of construction stakeholders, as well as extending its effects through flexible judicial interpretation. At the same time, any expansion of compulsory insurance must take into consideration the interests and financial sustainability of insurers. This requires a supportive and balanced legislative and judicial environment capable of ensuring the continuity of the insurance sector and its ability to meet contractual obligations. Within this framework, the Moroccan judiciary may play a decisive role in achieving equilibrium between the interests of insured parties, insurers, and third-party victims, in line with national economic considerations. Accordingly, this study examines potential avenues for expanding the scope of compulsory insurance against decennial civil liability, drawing on Moroccan and comparative jurisprudence and legislation, and relying on both inductive and comparative methodologies.

Article Details

The Expansion of the Scope of Mandatory Insurance and the Decennial Guarantee: Between Legal Provision and Judicial Interpretation: Halima JEDDOU

Authors:

حليمة جدو

Publisher:

هشام الاعرج

Journal:

Majalat Monazaat Al-Aamal Vol.13 Issue 1, pp.0-0

Document Type:

Article

Publication Date:

2/2026

Document Language:

Arabic

Document ID (Org No.):

2001842575

pISSN:

2508-9293

Construction Insurance

Decennial Warranty

تأمينات البناء

الضمان العشري

المسؤولية العشرية

التأمين من المسؤولية

العلوم القانونية

Issues

Article Details

Authors: حليمة جدو

Publisher: هشام الاعرج

Journal: Majalat Monazaat Al-Aamal Vol.13 Issue 1, pp.0-0

Document Type: Article

Publication Date: 2/2026

Document Language: Arabic

Document ID (Org No.): 2001842575

pISSN: 2508-9293

Issues

Authors:

حليمة جدو

Publisher:

هشام الاعرج

Journal:

Majalat Monazaat Al-Aamal Vol.13 Issue 1, pp.0-0

Document Type:

Article

Publication Date:

2/2026

Document Language:

Arabic

Document ID (Org No.):

2001842575

pISSN:

2508-9293