Commercial law

The law firm GIACCARDI & BREZZO Avocats assists entrepreneurs and companies in their business activities, in particular:

• Negotiating and drafting of commercial agreements (sales contracts, service provision contracts…)

• Drafting of standard contract (general conditions)

• Assistance in international trade operations (negotiating and drafting of international contracts, cross-border transactions security)

• E-commerce contracts (distance sales contracts, web site development agreement, domain name convention…)

• Assistance during mediation sessions

• Judicial and arbitral litigation

 

Monegasque commercial law

The Commercial Code of 5 November 1867 is mainly inspired by French law with some important differences, especially with regard to legal liquidation, commercial pledge, pledge of money and pledge securities.

Some disciplines, interrelated with commercial law that arose in European countries pursuant to the Community law did not develop in Monaco since Community law does not apply. For example, there are no specific competition law regulations.

However, this statement must be tempered since, by means of treaties entered by Monaco, Community law may be de facto applicable in the Principality.

Therefore, caution is required when drafting a contract.

The apprehension of electronic commerce by Monegasque law is relatively recent. The Law No. 1.383 of 1 August 2011 has reinforced the growth of the digital economy sector in the Principality.

The Law No. 1.426 of 4 July 2016 specifically governs the electronic commerce of medicines.

The Law No. 1.448 of 28 June 2017 on Private International Law governs jurisdiction, the recognition and enforcement of decisions in commercial matters, and the law applicable to contractual obligations. The solutions are based, in part, on the European regulations Brussels I and Rome I, as well as proposals from the European Group of Private International Law (EGPIL).

 

Nathalie
MARTELLI

Our related publications

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...

Law against money laundering, the financing of terrorism and corruption

Law No. 1.462 of 28 June 2018 reinforcing the anti-money laundering, financing of terrorism and corruption mechanism transposes the EU's Fourth Anti-Money Laundering and Financing of Terrorism Directive[i] aligned with the revised FATF Recommendation...

Eurojuris 2018 Practice Group Days

10/13 mai 2018 (Stockholm) Litigation, ADR & Contracts Group's Session, with the participation of Guillaume CARDOEN about "E-justice", "Anti-Bribery Legislation and contracts". More information International Business Group's Session, speech...

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...

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. ...

Eurojuris 2016 Practice Group Days: How to expand your business across borders

 May 12/15, 2016 (Marseille) Organized by the International Business Group Speech by Patricia KEMAYOU MENGUE "Specific regulations in Monaco with regard to business development" More...

Eurojuris International Meeting: 12 things you never knew about financing in various European countries

April 17, 2015 (Budapest) Organized by the International Business Group Speech by Patricia KEMAYOU MENGUE "Did you know that under the Monegasque law, the pledgor of cash and financial instruments needs to have an address in Monaco?"...

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”...

 
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