You have, in principle, five years, but with an absolute limit of twenty years. The action for compensation arising from an offence or quasi-offence is time-barred after five years from the moment when you, the injured party, became aware of both the harm and the person liable for it (art. 106).
This starting point is important: the five-year period does not necessarily run from the day of the events, but from the day on which you knew who was responsible and what loss you had suffered.
There is, however, a ceiling: the action is time-barred in all cases after twenty years, counting from the moment the harm occurred (art. 106). Once that period has elapsed, even if you have only just discovered the perpetrator, the action is no longer admissible.
As for the content of your claim, the law provides that the compensable harm includes the actual loss suffered, the necessary expenses you had to or would have to incur to repair the consequences of the act, as well as the gains of which you are deprived within the normal measure (art. 98).
In practice: act without delay as soon as you know the perpetrator and the extent of your loss, in order to stay within the five-year time limit.
Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−What Can I Require From a Neighbor's Collapsing Wall?
Require your neighbor to prevent wall collapse through formal notice. If collapse occurs, the owner is liable for damages from dilapidation, lack of maintenance, or construction defects.
+−Can You Cancel a Contract Due to Seller Deception?
Yes, you can cancel if deception was decisive to your decision under Moroccan law. Fraud only allows cancellation if you wouldn't have signed without it.
+−Am I Liable for Harm My Child Causes?
Parents of minor children living with them are liable for harm caused, but can escape liability by proving they could not have prevented it.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.
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