Statute of Limitations in Morocco: Prescription Periods by Claim Type

What Is Prescription in Moroccan Law?

Prescription (prescription extinctive) is the legal mechanism by which the passage of time extinguishes the right to bring a legal claim before a court. Once the applicable prescription period has expired and the debtor raises the exception, the creditor's claim becomes legally unenforceable — even if it was legitimate when it arose.

Moroccan law recognizes two types of prescription: extinctive prescription (which destroys the right to bring a claim) and acquisitive prescription (prescription acquisitive or usucapion), by which ownership of property can be acquired through prolonged possession. This guide focuses on extinctive prescription — the limitation periods that prevent stale claims from being litigated.

The primary legal sources for prescription in Morocco are:

• Dahir des Obligations et Contrats (DOC): General civil prescription, Articles 379-399
• Code de Commerce: Commercial prescription (Article 5)
• Code du Travail (Law 65-99): Labor prescription (Article 395)
• Moudawana (Law 70-03): Family and personal status
• Code de Procédure Pénale: Criminal prescription
• Various special laws: Tax, social security, and sector-specific prescription rules

Understanding which prescription period applies to your claim — and when it started running — is critical. Filing too late means losing the right to recover, regardless of the merits.

Civil Prescription (DOC)

The Dahir des Obligations et Contrats establishes a general prescription framework for civil obligations:

General Period: 15 Years

The general prescription period for personal civil actions is 15 years under the DOC (Article 387). This applies to: contractual claims not governed by a special rule, loan repayments between individuals (non-commercial context), rent arrears for non-commercial leases, and claims for unjust enrichment.

The 15-year period runs from the date the right of action arose — typically the date the obligation became due and the creditor had the right to demand performance or payment.

Shorter Special Civil Periods

• 5 years: Claims by professionals (doctors, lawyers, engineers, architects) for their fees — runs from completion of services
• 2 years: Claims by merchants against non-merchants for goods sold (retail credit) — runs from delivery
• 2 years: Claims for periodic obligations (rents, interest, annuities) — each installment has its own prescription
• 1 year: Claims by hotel or restaurant owners against guests — runs from the date of departure
• 6 months: Claims by craftsmen and tradespeople for day-to-day services — runs from service date

Tort Claims (Responsabilité Délictuelle)

Claims for damages arising from a wrongful act (tort/delict) are subject to a 5-year prescription running from the date the victim knew or should have known of the damage and its author. However, if the act constitutes a criminal offence, the criminal prescription period governs (see criminal section below).

Commercial Prescription

Commercial disputes between merchants are subject to a specific prescription regime under Article 5 of the Code de Commerce:

• General commercial prescription: 5 years — applies to all commercial obligations between merchants arising from their commercial activity, including unpaid invoices for goods and services, commercial contract disputes, and commercial credit agreements
• Dishonored checks (chèques impayés): 1 year from the date of presentation for payment
• Bills of exchange (lettres de change): 3 years from maturity date against the acceptor; 1 year for endorser actions; 6 months between endorsers
• Promissory notes (billets à ordre): 3 years from maturity against the issuer
• Insurance claims: 2 years from the triggering event, with some variations depending on the type of insurance
• Maritime commercial claims: 1 year from the cause of action (Code de Commerce Maritime)
• Competition law claims: 5 years from the day the claimant knew or could have known of the infringement

The commercial prescription applies only when the claim arises from a commercial act (acte de commerce) and both parties are merchants. Mixed transactions — where one party is a merchant and the other is a consumer — may follow different rules depending on which law governs the claim.

Labor Law Prescription

Under Article 395 of the Labour Code (Law 65-99), claims arising from the employment relationship are subject to a 2-year prescription period. This applies to:

• Unpaid wages, overtime, or bonuses
• Claims for unfair dismissal compensation (indemnité de licenciement abusif)
• End-of-service indemnities (indemnité de départ)
• Claims for notice periods not observed
• Claims for vacation pay not taken

The 2-year period runs from the date of departure from the company (date de départ) — not from the date each wage or benefit became due during the employment. This is a crucial rule: an employee who waits more than 2 years after leaving their job loses the right to claim even for events that occurred much earlier.

Work-related accident claims and occupational disease claims under CNSS regulations have their own prescription periods, which may differ from the Labour Code rules.

Family and Personal Status

The Moudawana (Family Code, Law 70-03) and related personal status law have specific rules:

• Filiation (paternity) actions: Must be brought before the child reaches majority (18 years) or within the iddah period after the father's death — specific rules apply under Moudawana Articles 150-166
• Inheritance claims: No fixed prescription period under Moroccan law — inheritance rights are generally considered imprescriptible as between heirs, though in practice long delays create evidentiary difficulties
• Maintenance claims (nafaqa): Past unpaid maintenance is prescribed after 3 years from the date each payment fell due (Moudawana Article 201)
• Mahr (dowry) claims: A wife's claim for unpaid deferred mahr prescribes in 15 years under the general DOC rules
• Post-divorce financial claims (muta'a, iddah support): Subject to general civil prescription rules — 15 years from the date of divorce unless a shorter special period applies

Real Estate and Property

Real estate prescription rules in Morocco depend critically on whether the property is registered:

• Registered property (titre foncier — Law 14-07): The titre foncier system provides absolute protection to the registered owner. Once a property is immatriculated, the registration confers an indefeasible title — no prescription or adverse possession claim can extinguish it. Contractual obligations relating to registered property (unpaid purchase price, lease arrears) follow their respective civil or commercial prescription periods.
• Unregistered property (melk / propriété coutumière): Subject to acquisitive prescription — a person who has openly, publicly, and continuously possessed unregistered property for 10 years in good faith (or 40 years in certain rural contexts) can claim ownership by prescription.
• Mortgage claims: The right to enforce a mortgage (hypothèque) is accessory to the principal debt — it prescribes when the underlying debt prescribes.
• Construction defects (vices cachés in construction contracts): Under the Code de Commerce and DOC, claims against contractors for construction defects may be subject to a 10-year period (garantie décennale) from delivery.

Criminal Prescription

The Code de Procédure Pénale (CPP) establishes prescription periods for criminal proceedings (prescription de l'action publique):

• Crimes (felonies): 15 years from the date of commission (CPP Article 5)
• Délits (misdemeanors): 4 years from the date of commission (CPP Article 5)
• Contraventions (infractions): 1 year from the date of commission
• Terrorism offenses: Extended prescription — typically 30 years for terrorism crimes
• Crimes against humanity: Imprescriptible

Criminal prescription is interrupted by any formal act of investigation or prosecution (mise en examen, preliminary inquiry, issuance of an arrest warrant). When a civil victim (partie civile) joins criminal proceedings to claim damages, the civil action follows the criminal prescription rules, not the civil DOC rules — an important exception to note.

Interruption and Suspension

Interruption (Interruption de Prescription)

Prescription is interrupted when a specific act resets the clock: the full period begins running again from zero after the interrupting act. Causes of interruption under Moroccan law:

• Filing a lawsuit (demande en justice): From the date of filing, prescription stops and a new period starts after the judgment becomes final
• Formal demand letter (mise en demeure): A formal extrajudicial demand served on the debtor interrupts prescription and starts a new full period
• Acknowledgment of debt (reconnaissance de dette): Any act by which the debtor acknowledges the debt — in writing, by making a partial payment, or by requesting a grace period — interrupts prescription
• Seizure (saisie): A seizure measure interrupts prescription for the seized claim

Suspension (Suspension de Prescription)

Prescription is suspended (paused without resetting) in certain circumstances — the period stops running and resumes when the cause of suspension ends:

• During the minority of the creditor (under 18 years) — prescription does not run against minors
• Between spouses — prescription does not run during marriage for claims between spouses
• Where a debtor has concealed the claim through fraud — suspension lasts until the creditor discovered or reasonably could have discovered the fraud
• Force majeure preventing the creditor from acting — suspension until the obstacle is removed

Effects of Prescription

When the prescription period expires in Morocco:

• Prescription must be raised by the defendant: Moroccan courts do not apply prescription automatically (ex officio) — the defendant must invoke it as a procedural exception (exception de prescription). If the defendant fails to raise it, the court will hear the case.
• The obligation becomes natural (obligation naturelle): The underlying obligation is not extinguished — it simply loses judicial enforceability. A debtor who voluntarily pays a prescribed debt cannot then claim the money back.
• Waiver: A debtor may waive a completed prescription — either expressly or impliedly (by acknowledging the debt or making a partial payment after the period has run). Waiver restarts the prescription from zero.
• Partial prescription: For periodic obligations (rent, wages, installments), each payment that falls due starts its own prescription period — earlier installments may be prescribed while later ones are not.

Frequently Asked Questions

What is the general prescription period for civil claims in Morocco?

The general period is 15 years under the DOC for personal civil actions. Many shorter special periods apply: 5 years for commercial debts (Code de Commerce Art. 5), 2 years for labor claims (Labour Code Art. 395), and various shorter periods for specific types of claims (1 year for dishonored checks, etc.).

How can prescription be interrupted in Morocco?

Prescription is interrupted by: (1) filing a lawsuit; (2) a formal demand letter (mise en demeure); (3) an acknowledgment of debt by the debtor (partial payment, written recognition, request for grace period). After interruption, the full prescription period starts running again from zero.

What is the prescription period for commercial debts in Morocco?

5 years under Article 5 of the Code de Commerce, running from the date the commercial obligation became due. Special shorter periods apply to dishonored checks (1 year), bills of exchange (3 years against acceptor), and maritime claims (1 year).

Does prescription apply to real estate ownership claims in Morocco?

Registered property (titre foncier) is protected absolutely — no prescription extinguishes the registered title. Unregistered (melk) property can be acquired by adverse possession after 10 years of good-faith possession. Contractual claims over property follow their respective civil or commercial prescription periods.

What happens when a prescription period expires in Morocco?

The claim becomes judicially unenforceable, but only if the defendant raises the prescription exception. The underlying obligation survives as a natural obligation. Voluntary payment of a prescribed debt is valid. Prescription must be raised by the defendant — courts do not apply it automatically.