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).