Abstract

Previous studies on Article 2 of the Moroccan Code of Real Rights have predominantly examined it through the legal effects it produces or the long-standing debate surrounding the protection of good-faith registered acquirers and the limits of such protection. This study adopts a different perspective by shifting the focus of inquiry from the consequences of the legislative provision to the legislative considerations that gave rise to it, treating Article 2 as an expression of a broader legislative policy rather than merely a rule governing the effects of land registration. From this standpoint, the study reconstructs the legal problem that Article 2 was designed to address, identifies the competing interests it seeks to protect, and examines the legislative technique through which the relationship between those interests has been structured. It then evaluates whether this legislative framework is capable of achieving the intended balance. Building on this analysis, the study proposes a reform framework that distinguishes between eliminating the causes of legal conflict, regulating its consequences, and compensating for the resulting harm, viewing these as complementary dimensions of legislative reform and alternative pathways for redesigning the existing legal framework. Accordingly, the study moves beyond merely restating or assessing the solutions embodied in Article 2. Instead, it reconsiders the legislative methodology from which those solutions emerged, thereby offering a new analytical framework for the study of Article 2. This framework shifts the focus from the critique of isolated legal rules to the evaluation of the legislative foundations that produced them and the exploration of possible approaches to their reconstruction.

Keywords

Article 2 of the Code of Real Rights; Legislative Policy; Land Registration; Protection of Property Rights; Security of Transactions; Good Faith; Legal Certainty; Reform of Real Property Legislation.