During marriage, donations can be made between spouses.
But did you know that they can be revoked by the donor spouse at any time during marriage, until divorce is finalised?
Under Monegasque law, donations between spouses are always revocable under article 951 of the Civil Code, leading to restitution.
It is imperative to consider the law applicable to a donation between spouses and its revocation.
The modalities and criteria may in fact be different according to the applicable law of each country.
It is the so-called conflict-of-laws rule (règle de conflit de lois) that determines the law applicable to a legal situation in an international context.
When Monegasque law is applicable, the criteria for determining the law applicable to donations between spouses are set out in the Code of Private International Law.
Knowing the applicable law in advance ensures validity of the donation and any revocation under the conditions of the said law, helping to avoid any potential dispute or challenge a posteriori in this respect.
Once the applicable law has been established, it is then essential to determine whether a donation constitutes a revocable donation between spouses.
If Monegasque law is applicable, it should be noted that a donation made by hand (don manuel) (except for certain special cases, such as a contribution to the expenses of the marriage), or a donation made by notarial deed, can constitute a revocable donation between spouses.
