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29/04/2024
Monaco's solution for reconciling testamentary freedom and forced heirship
The question of forced heirship is the subject of debate in many European countries, where opinions differ on how to reconcile the freedom to dispose of one's property with the protection of the interests...
Publication
19/02/2024
The will: how to draft it?
Estate planning is often postponed. Indeed, in addition to constraints of time and availability, it is not uncommon for people to be simply reluctant to plan the aspects of their own demise. However...
Publication
06/02/2024
Gift of shares of a Monegasque SCI owning a real estate in France: risk...
The Monegasque civil company (SCI) is an excellent asset and wealth management tool, commonly used to facilitate the management and transfer of a real estate property in France. In this respect, the gift...
Publication
29/11/2023
To what extent can a gift be considered a customary present?
In the absence of a definition by the Monegasque Courts, the definition of a customary present is given by the neighbouring country's Court of Cassation, which defines them as "gifts made on the occasion...
Publication
25/04/2023
Debt "in the making"
Garnishment is a protective procedure useful to any creditor seeking to ensure the payment of sums due to them. This procedure has two major advantages:It is a non-con­tra­dict­ory procedure: the creditor...
Publication
18/04/2023
The advance on the inheritance share: a solution for a partial release...
It is a well-known fact that settling an estate takes time, partially due to the necessity to carry out the administrative and legal formalities and the division of assets. In some cases, the heirs and/or...
Publication
20/09/2022
Transitional provisions for the Monegasque Code of Private International...
The Monegasque Code of Private International Law, as set down by Act n°1.448 of 28 June 2017, has been in force in the Principality’s legal system since 8 July 2017. In the absence of transitional...
Publication
31/03/2022
The domicile of an adult under guardianship
Domicile is a legal concept that has many civil consequences. For example, in the absence of a choice of law, the domicile is used to determine the law applicable to a succession, a matrimonial regime...
Publication
02/11/2021
Minor children as shareholders of a “société civile particulière monégasque”
A “Société civile particulière monégasque” (Monegasque private company) is a very effective estate planning tool and is widely used as such. When considering the involvement of minor children...
Publication
26/11/2018
Changing matrimonial regime and adding a community of after-acquired property
Did you know? Under Articles 36 et seq. of the Monegasque Code of Private International Law, the matrimonial regime is governed by the spouses’ chosen national law. The spouses may opt for the law of...
Publication
16/05/2018
The provisions of the Code of Private International Law apply immediately
The Monegasque Code of Private International Law, as set down by Act n°1448 of 28 June 2017, has been in force in the Principality’s legal system since 8 July 2017. While the code entails some major...
Publication
30/10/2017
The impact of the reform of Monegasque private international law
Law No. 1.448 of 28 June 2017 on private international law, published in the Journal of Monaco on 7 July 2017, substantially modifies the rules of conflict of laws and jurisdictions existing before the...
Publication
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