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The non-application of the provisions of the Code on Private International Law to successions opened prior to its entry into force

11/03/2020

On 16 May 2018, we informed you of the decision of the Court of First Instance judges to apply the provisions of the Code on Private International Law to a succession opened and partially apportioned 30 years before the entry into force of said Code (see "The provisions of the Code on Private International Law apply immediately, including to successions opened before it came into force").

In a recent ruling of the Court of First Instance, the judges revised their position on this matter and confirmed that it is the day of death that must be used to implement the rule on conflicts in matters of succession and to determine the law applying to that succession. 

It follows that the provisions of the Code on Private International Law do not apply to successions opened before 8 July 2017. 
This turnaround in case law, that was expected and approved by all practitioners, re-establishes the legal security that is required in family matters which often involve disputes.   

This solution comes, however, from judges ruling on the merits, and, although it is good sense, it will one day have to be confirmed by the Court of Revision in order to constitute formal case law.

Authors

The picture of Christine Pasquier Ciulla
Christine Pasquier Ciulla
Avocat Associé | Partner
Monaco
The picture of Justine Mounier
Justine Mounier
Middle Associate
Monaco