Civil law in Monaco

Monaco applies a central civil-law system without a separate regional civil-law order. French is the authoritative legal language. The main institutions include the Justice de paix, the Tribunal de première instance (TPI), the Cour d'appel, the Cour de révision, the Greffe général, the Procureur général, the officier de l'état civil, notaries and huissiers. Legimonaco, the Direction des Services Judiciaires and Service Public Monaco provide the main official information sources. For individuals, civil-law matters include état civil, legal capacity and protective measures. Civil majority begins at 18. The juge tutélaire and the TPI can deal with minors and protected adults. A sauvegarde de justice provides temporary protection, curatelle supports a person who can still act with assistance, and tutelle provides representation where lasting support is required. A mandat de protection future can arrange protection for a later loss of capacity. Access, costs and urgent measures depend on the case. Foreign nationals generally exercise civil rights subject to the applicable nationality rules, while a foreign national with an authorised domicile in Monaco generally has full civil rights while residing there. Contracts create binding obligations and must be performed in good faith. Non-performance or delay can lead to damages. Common matters include sales, mandates, residential leases and legally regulated arrangements such as the contrat civil de solidarité and contrat de vie commune. Parties may choose the applicable law under the Code de droit international privé, but mandatory Monaco rules continue to apply. In a residential lease, the landlord generally provides and maintains the premises and peaceful enjoyment, while the tenant pays at the agreed time. Housing rules under loi n° 887 and loi n° 1.235 can change who may rent, the duration of the lease, registration requirements and rent protections. Property law covers ownership, co-ownership, indivision, usufruit, servitudes, mortgages and seizures. Property can pass through succession, donation, a will, contractual obligations, accession, incorporation or prescription. Monaco law applies to immovable property in Monaco regardless of the owner's nationality. A transfer commonly involves a notary, registration and possible mortgage or tax costs. Expropriation requires public utility and prior fair compensation. Protected housing under loi n° 887 generally concerns a limited group of tenants and commonly uses a six-year lease with annual termination rights for the tenant. Loi n° 1.235 applies to certain residential premises built or completed before 1 September 1947 and provides specific registration, protection and rent rules. Family law includes marriage, divorce, separation of body, parental authority, alternating residence, adoption and matrimonial property arrangements. Marriage normally requires both parties to be at least 18; the Prince may grant a dispensation from age 16 for serious reasons. A ceremony in Monaco generally requires at least one future spouse to be Monégasque or domiciled in Monaco, or to have maintained residence there for at least one month, together with an officier de l'état civil and two witnesses. Divorce may rely on fault, an actual separation lasting three years, certain criminal convictions, a serious or prolonged illness, acceptance of the principle of divorce or a joint application. Proceedings generally begin with an application to the President of the TPI, followed by a conciliation stage and, where necessary, an assignation. The court can order provisional measures concerning children, residence, contact, child support and compensatory payments. Adoption may be handled through the juge tutélaire, the TPI and a notary, depending on the form of adoption. A succession opens at death. Heirs generally receive the assets together with the estate's debts and other liabilities. Foreign nationals generally inherit Monaco property on the same basis as Monégasques, but cross-border estates require an examination of the Code de droit international privé. The general connecting factor is the deceased person's domicile, while a disposition à cause de mort may expressly choose the law of the deceased's nationality. A protected share for certain heirs may still apply. Acceptance and renunciation follow the Code civil; acceptance can generally remain possible for up to 30 years, subject to the applicable rules and cross-border issues. A notary usually handles the estate, while the TPI or Greffe général may become involved in disputes, vacant estates, sharing or heir liability. Civil liability can arise when wrongful conduct and damage are connected. The Code civil covers fault, negligence and imprudence, liability for persons or things under someone's responsibility, animal-related damage and the collapse of a building caused by maintenance or construction defects. Contractual breaches can also produce compensation. A general civil limitation period is five years from the date on which the claimant knew or could have known the relevant facts, although special periods may apply. Evidence may include a constat d'huissier, documents, photographs and an expert report. The Justice de paix hears personal and movable claims up to EUR 3,000 without an appeal on the merits and claims up to EUR 10,000 with an appeal available. The TPI is generally the first-instance court for civil claims above EUR 10,000 and for special matters such as family cases, protection proceedings, référé applications and enforcement disputes. A civil claim before the TPI is usually served by an huissier through an assignation containing the facts, legal arguments and list of documents. The ordinary service period is six francs days for a defendant domiciled in Monaco, 30 days for a defendant domiciled in metropolitan France and 60 days for a defendant domiciled elsewhere outside metropolitan France. An appeal generally has a 30-day period from service, although special rules can apply. Court, Greffe, registration, stamp, lawyer, huissier, translation and expert costs vary by case. Assistance judiciaire may cover a lawyer, officiers ministériels and necessary procedural expenses when the applicant has insufficient income. Enforcement normally requires an enforceable judgment or act bearing the formule exécutoire, unless the court has ordered exécution sur minute. The enforceable copy is passed to an huissier. A saisie-exécution generally requires a commandement at least one day before seizure. Available measures can include seizure of bank accounts or claims, movable property, a fonds de commerce or droit au bail, and immovable property. Money seizure can transfer the seized amount to the creditor when the title permits it. The President of the TPI can decide urgent enforcement problems. A foreign judgment generally requires exequatur or another recognised enforcement title before enforcement in Monaco. The sale of seized movable property normally cannot take place until at least eight days after the seizure. Costs and timing depend on the assets, objections, valuation and any auction procedure.