Civil law

The law firm GIACCARDI & BREZZO Avocats intervenes in all areas coming under civil law and private international law:

• Assets and ownership

• Contract law and civil liability

• Inheritance

• Assistance in trusts matters

• Recognition and enforcement of foreign legal acts and judgments

 

Monegasque civil law

The Civil Code of 21 December 1880 presents some provisions similar to the French Napoleonic Code and shares some of its fundamentals. If the Monegasque civil law was mainly inspired by French law, it presents however some differences.

These differences are even more significant since the adoption in France of the Ordinance No. 2016-131 of 10 February 2016 on the reform of contract law, the general regime and the proof of obligations.

Among the specificities of Monaco, it may be noted that the general rules of the Civil Code apply to relations between professionals and consumers in the absence of the Monegasque Consumer Code.

Only Title II of Law No. 1.383 of 2 August 2011on Digital Economy provides specific guarantees in the context of e-commerce for distance contracts. Consumer contracts are also covered by Law No. 1.448 of 28 June 2017 on Private International Law, which protects the consumer against the application of a law that would be less protective than that of her/his State of residence.

The preponderance of foreigners in Monaco raises many private international law issues in the context of civil disputes.

The Law n° 1.448 of 28 June 2017 meets the needs of the 139 nationalities within the territory of the Principality, codifying the rules of the Monegasque private international law (jurisdiction of Monegasque Courts and law applicable to the status and capacity of natural persons, marriage, filiation and adoption, maintenance obligations, inheritance, contractual and non-contractual obligations).

With regard to family law, Law No. 1.440 of 5 December 2016 amended certain provisions of the Civil Code relating to the family name (devolution of the mother’s name, ‘name of use’), and Law No. 1.450 of 4 July 2017 has introduced the alternating residence and recast the provisions relating to family mediation.

The Principality of Monaco is also party to eight Hague conventions on private international law. It has recently ratified the Hague Convention of 13 January 2000 on the International Protection of Adults.

The law of the Principality has a remarkable characteristic in terms of trusts. The validity and the effects of a trust on Monegasque territory were recognized by Law No. 214 of February 27th, 1936, amending the Law No. 207 of July 12th, 1935, on Trusts.

The Monegasque Code of Civil Procedure has also evolved in recent years. The Law No. 1.401 of 5 December 2013 reformed the civil limitation periods.

The Law No. 1.423 of 2 December 2015 made a major overhaul of the procedural nullities due to defects of form and substantive irregularity. It also put an end to the automatic nature of civil fines.

The Law No. 1.421 of 1 December 2015 on various measures on State responsibility and remedies has introduced a procedure for the reopening of civil proceedings in the event of a decision of the EHCR finding a violation to the European Convention on Human Rights or its additional protocols.

 

Rozenn
LE BOHEC ICYK

Our related publications

Guardianship by Court Order, Mandate for future protection, exercise of the activity of legal trustee for the protection of persons

07/2019 Law No. 1.474 of 2 July 2019 on the Guardianship by Court Order, Mandate for future protection and the exercise of the activity of legal trustee for the protection of persons, is the result of Draft Law No. 958, passed by the National Coun...

Adoption: Amendments to the Civil Code and the International Private Law Code

06/2019 Law No. 1.470 of 17June  2019 amending the provisions of the Civil Code relating to Adoption was published in the Journal De Monaco of 28 June 2019. It cames from the Draft Law No. 920 amending the provisions of the Civil Code on Adop...

Draft law No. 994 amending Law No. 1.383 of 2 August 2011 on Digital Economy

The planned, long awaited and far-reaching reform, with major challenges for local professionals, is part of the Principality's economic development strategy. Draft law No. 994 amends: • Law No. 1.383 on Digital Economy, amended (e-commerce,...

Eurojuris Practice Groups and Training Days 2019

16-19/05/2019 (Ljubljana) With the participation of Ewelina WASOWSKA and Guillaume CARDOEN. More information International Litigation, ADR and Contracts Group: "Termination Distribution Contract" • Types of losses that can be claimed ...

Speech by Thomas BREZZO at the Faculty of Law of Nice

09/05/2019 Intervention in the framework of the Second Degree Masters Private Fundamental Law and Criminal Sciences, attached to the research unit C.E.R.D.P. of the Faculty of Law of Nice, on: • International judicial cooperation in civil or ...

Eurojuris International 2019 - IBG Meeting Monaco

28/29 March 2019 (Monaco) Organized by GIACCARDI & BREZZO Avocats. International Business Group Meeting about "Gambling debts". • What is the legal age for gambling? • Are gambling debts recoverable? What documents would be requir...

Council of Europe: European Convention on Information on Foreign Law (STE No.062)

Sovereign Order No. 7.115 of 14 September 2018 making enforceable the European Convention on Information on Foreign Law, signed in London on 7 June 1968 The purpose of the Convention is “the creation of a system of international mutual assistanc...

IBA 23rd Annual International Wealth Transfer Practice Conference: Working globally, planning locally

5/6 March 2018 (London) Presented by the IBA Private Client Tax Committee and supported by the IBA Family Law Committee, with the participation of Patricia KEMAYOU MENGUE. • Cross-border investments • Privacy and constitutional concerns ...

Meeting : The New Monegasque Private International Law

5 December 2017 (Yacht Club Monaco) Organized by Giaccardi, speeches by: • Alain FRANÇOIS (Principal Clerk Notary, Henry Rey Notary's Office) about "Matrimonial regimes" • Laëtitia VANDEVELDE (Clerk Notary, Henry Rey Notary's Office) a...

Colloque Eurojuris interprofessionnel sur la preuve

10 novembre 2017 (Paris) Participation de Rozenn LE BOHEC ICYK, Anne ROBERT, Olivier SEUROT. • Theoretical and jurisprudential framework of the "right to evidence" • Evidence and business secrecy • The specificities of the law of ev...

Eurojuris International Congress 2017

12/15 October 2017 (Brussels) Litigation, ADR & Contracts Group's Session about "Judicial and Contractual Mediation". With the participation of Patricia KEMAYOU MENGUE, Guillaume CARDOEN, Benjamin LECLERCQ. More • What is the applica...

Legal watch (Comparative Law, Civil Law): The French reform of contract law, obligations' general rules and evidence

October 7, 2016 Presentation by Laurent MICOL "The key contributions of the French Ordinance No.2016-131 of February 10, 2016"...

International Society of Family Law (ISFL) World Congress 2017

25/29 July 2017 (Vrije Universiteit, Amsterdam) With the participation of Nathalie BLANGERO-BUISSON. "Family Law and Family Realities" More • Do family laws adequately reflect the realities of traditional and non-traditional families? ...

Eurojuris 2017 Practice Group Days

04/07 May 2017 (Lisbon) With the participation of Guillaume CARDOEN. Litigation & Contracts Group's & Banking, Insolvency & Restructuring Group's Joint Session More • Hidden defects • Banking responsibility...

Eurojuris 2016 Practice Group Days: International Litigation and Alternative Dispute Resolution (ADR)

October 14/16, 2016 (Prague) Joint session of International Litigation, ADR and Contracts Group and Corporate Law Group. More With the participation of Guillaume CARDOEN. • Order for payment • Institutional and ad hoc arbitration. ...

Monaco Business News: Digital Economy, A Strategic Challenge for Monaco

December, 2014 (nb 50, p. 4) Interview with Rozenn LE BOHEC ICYK “Legal Developments relating to the Dematerialization of the Written Document in Monaco and in Europe"...

Monaco Business Exhibition: Launch of the Good Practice Guide on Digital Technology 

November 13, 2014 (Auditorium Rainier III) In collaboration with the GTEN (Working Group on Digital Economy) Speech by Rozenn LE BOHEC ICYK “Electronic Evidence”...

 Informal Debate: Evidence and IT 

September 17, 2013 (Monte-Carlo Bay) Organized by GIACCARDI Speeches by: • Rozenn LE BOHEC ICYK about "Electronic Evidence under Monegasque Law" • Valérie DE BLECKER (polytechnic engineer specialised in multimedia/Internet technolog...

 
fringilla at nec libero. venenatis, Sed Aliquam velit,