La riforma del diritto di famiglia in Marocco (2004)

The paper analyzes in detail the reform introduced in Morocco by the new family Code of 2004, which replaces that of 1957-1958. Under the pressure of the Moroccan women’s movements, the 1993 Act had already anticipated some reforms. Although the framework is still under Islamic law, in some of his major points radical reforms are introduced. The most qualifying reformist elements concern the fixation of the minimum age for marriage, marriage tutorship, legal tutorship, joint responsibility of the spouses, filiation, valuation of the maintenance, guardianship, polygamy, family board, repudiation, mandatory legacy, representation and institution of heir. Overall, the provisions of the new Code have accepted changes in Moroccan society, more and more oriented towards a model of nuclear family within which a substantial equality of rights and duties of spouses is foreshadowed.