As a rule, simply breaking off an engagement does not give rise to any right to compensation (art. 7). Breaking off an engagement is a right of each of the two fiancés and cannot be characterized as wrongful, even without an obvious justification (art. 7).
But there is an important exception. If one of the parties, through their act or conduct, causes harm to the other and then breaks off the engagement, the injured party may claim reparation in accordance with ordinary law (art. 7). The example given by the law: a fiancé who demands that his fiancée interrupt her studies or resign from her job, then breaks off the engagement without reason.
Regarding gifts:
- Each party may request the return of the gifts they gave, unless it is that party who broke off the engagement (art. 8). The gifts are returned in kind or at their value, as the case may be (art. 8).
- As for the dowry (sadaq) paid during the engagement: in the event of a break-up or the death of one of the fiancés, the fiancé (or their heirs) may claim its return, in kind, by equivalent, or at its value on the day it was handed over (art. 9).
So: no compensation for the break-up alone, but reparation is possible in the event of actual harm, and the gifts and the dowry are returned under the conditions set out above.
Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−How to Get Your Marriage Recognized in Morocco?
Marry under your country's procedures meeting Moroccan conditions, then file the contract with Moroccan consular services within three months.
+−What's the Legal Marriage Age in Morocco?
Legal marriage age in Morocco is 18 years for both sexes. Exceptions under 18 require judge approval with parental consent and medical/social investigation.
+−Who owns the dowry in Moroccan marriage law?
In Moroccan marriage law, the sadaq (dowry) is the wife's exclusive property with full disposal rights. The husband cannot demand reimbursement or consideration unless she freely consents.
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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