The firm GIACCARDI provides legal advice and acts in litigation before ordinary courts and in arbitration proceedings, in particular:
• Financing of yachts
• Negotiation, drafting of construction contracts, contracts for the acquisition and sale of yachts
• Transactions and litigation related to the occupation of the public maritime domain
• Maritime debt recovery (preventive seizure, seizure of ships)
• Litigation related to the construction or renovation of ships (defects, hidden defects, faulty workmanship, non-conformity)
• Disputes involving ship-owner and seamen/ship captain
• International arbitration in the course of disputes involving cruise companies and crew members
Yachting and maritime law in Monaco
For several years, Monaco has become an important place in the yachting industry.
Yachting is the fourth industry in the Principality in terms of sales revenue.
Yachting has been favoured in this privileged town thanks to the constant expansion of the port areas and investment in yachting-dedicated new structures.
To manage the requirements in terms of port capacities, the Principality has invested in a 6-hectare project of reclaiming land from the sea that includes a port, and in Italy with the takeover of the concession of the future marina of Ventimiglia.
The Monegasque Code of the Sea, created by the Law No. 1.198 of 27 March 1998, governs in particular the Monegasque maritime areas and the protection of the marine environment, the status of ships (naturalization, responsibility of the owners, maritime mortgage, privileges, seizure … ), marine insurance contracts, contracts of engagement, offenses committed by crew members.
The Environmental Code, resulting from Law No. 1.456 of 12 December 2017, shall apply without prejudice to the provisions of the Code of the Sea.