This legal note comments on a Supreme Council decision concerning the validity of a thumbprint or mark in place of a signature on a written obligation. The article analyzes the distinction between a person who is merely unable to sign and a person who is also unable to read the language of the document, as well as the evidentiary consequences of each situation under Moroccan obligations law. It reviews the judicial reasoning, relevant statutory provisions, and prior case law on handwritten documents, formal proof, and the status of illiterate parties. The commentary highlights the practical implications of the ruling for contract authenticity and legal security.
Mohammed Chaibi Elmadkouri (Sun,) studied this question.