Abstract

This article seeks to highlight the role of Land Registry Jurisprudence in consolidating the requirements of contractual public order, by examining the contribution of guidelines, memoranda, and circulars issued within the framework of Land Registry practice to improving the mechanisms for supervising real estate transactions and legal acts. The study first examines the role of this jurisprudence in refining the rules governing the Land Registrar’s review of instruments creating or transferring rights in rem, whether issued in Morocco or executed outside the national territory, thereby ensuring compliance with the legal requirements necessary for their effectiveness and the production of their legal effects. It also addresses the role of this institution in developing the rules governing the verification of legal capacity and identity, as these constitute fundamental safeguards for the validity of contracts, the integrity of consent, and the protection of the legal positions of the parties. The study concludes that Land Registry Jurisprudence has evolved beyond being merely an instrument for standardizing administrative practice and has come to perform a practical function in anticipating defects that may compromise the integrity of real estate transactions, while strengthening legal certainty and transactional stability. Nevertheless, the effectiveness of this role remains contingent upon respect for its legal boundaries, so that administrative interpretation does not become a source of new rules exceeding the limits of institutional competence. This calls for a careful balance between the requirements of protecting contractual public order and adherence to the principle of legality.

Keywords

Land Registry Jurisprudence; Contractual Public Order; Land Registrar’s Supervision; Real Estate Instruments; Legal Capacity; Identity; Contractual Security; Principle of Legality.