Legal and political praxeology test : the exercise of co-ownership in Tangier (2011-2014) ; Essai de praxéologie juridique et politique : l'exercice de la copropriété à Tanger (2011-2014)

Abstract

Based on a participant observation based on the exercise of the profession of building manager in the city of Tangier from 2011 to 2014, this thesis focuses on the practices of condominium law in Morocco. Its main objective is to examine the ability of the Moroccan State to produce a reference legal standard, Law 18-00 of 2002, in the field of co-ownership of built buildings by studying the effects and results obtained by the introduction of this new normative framework. To achieve this result, the thesis adopts a pragmatic approach that consists in capturing the modes of production of co-ownership law in action and context by the actors, whether professional or lay, in the context of the exercise of co-ownership. The first part presents contextual elements that make it possible to situate co-ownership law in the country's contemporary legal system. It analyses the main rules imposed by positive state law in the field of co-ownership, which will serve as benchmarks towards which actors will orient themselves in carrying out their daily activities. The second part describes the implementation of co-ownership law based on the rules reworked by users during the practices observed in the exercise of my professional activity. It deciphers the strategies and registers of action used by the various actors during daily interactions, and in particular those related to conflict resolution. In a transversal way, the common thread of this thesis is to place the actor at the heart of the reflection to demonstrate that as a user of the co-ownership policy of which he is the final recipient, he is an active actor who renegotiates and reproduces the standards to bring back the gaps and imperfections to the political decision-makers. The thesis also questions the study of law in action, starting from the more specific one of co-ownership, by seeking to highlight the role of positive state law as a reference source of law and its competition with other normative orders to regulate social relations in the private sphere. ; À ...