Monaco is a home to over 140 nationalities. There has been conflicts of law, jurisdictions and the practical need for legislative updates for the residents and the nationals living there. The existing laws lacked clarity. It is often based on the old judicial precedents or references to French judicial precedents.
Monaco inspired by the recent E.U legislation on marital regimes and successions, adapted the law of the deceased’s domicile with the option of profession juries limited to the law of the law of deceased nationality. It abandoned applicable to movable or immovable assets known as the concept of scissionnnisme.
Marital law- The spouses have the freedom to choose the law applicable to their matrimonial regime. The choice of law is limited to the following options.
• The law of the State of their domicile after the marriage.
• The law of the State of which one of them has the nationality at the time of the choice.
• The law of the State in whose territory one of the spouses has his domicile at the time of the choice.
• The law of the State where the marriage is celebrated.
In the absence of a choice-
• By the law of the Country where the spouses establish their domicile after the marriage.
In the absence of domicile -
• By the law of the Country of which both spouses are nationals at the time of the celebration of the marriage.
In the absence of a domicile and a common nationality, or in the case of a plurality of common nationalities, by Monegasque law
Monaco recently also introduced a law recognising people who were born resided in Monaco for at least 40 years. The Constitution which once recognized only “Monegasques” and “foreigners” has now added a new category known as “Enfants du Pays”, which recognises their status in the country and help provide equal treatment, rights or advantages. Through this bill, which follows a bill passed by the National Council in 2017, the government recognises the contribution of these citizens to the principality and its economic prosperity as well as its influence on the international space.
