Draft law no. 272 updating certain provisions of the Code of Private International Law (adopted)

Parliamentary Draft law no. 272 updating certain provisions of the Code of Private International Law (Code DIP) was received by the Parliament on 21 October 2025, tabled and adopted in a public session on 6 November 2025.

NB : a draft law adopted by Parliament (Conseil National) is sent to the government, which has the option of turning it into a bill or suspending the legislative process..

Since its enactment in 2017, the Code DIP has been amended twice.

Law No. 1.470 of 17 June 2019 on adoption specified:

• the conditions for consent, regardless of the applicable law (consent of the adoptee or their legal representative; free consent, obtained without compensation after birth, and informed consent regarding the consequences).
• the procedure required for the enforcement of a foreign adoption decision.

Law No. 1.529 of 29 July 2022 on various economic and legal provisions:

• amended Article 70 of the Code DIP concerning the mandatory provisions of foreign consumer law and their inapplicability in banking services for deposit account and securities account agreements held by an institution established in Monegasque territory;
• provided for a rule on the temporal application of the provisions of Chapter V of Title II of the DIP Code for international successions opened after its entry into force.

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SUMMARY

Draft Law no. 272 aims to:

• better define and regulate the Monegasque international public policy ("ordre public international monégasque") exception,
• remove the provision relating to the application or non-application of the forced heirship ("réserve héréditaire"),
• grant jurisdiction to Monegasque courts to issue inheritance documents necessary for the settlement of the estate by Monegasque notaries,
• provide for the law applicable to gifts ("donation"),
• introduce transitional provisions clarifying the application of the Code DIP over time.

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IN DETAIL

→ To better define and regulate the Monegasque international public policy exception:

• Reformulation of Article 27 of the Code DIP as follows: "The application of the provisions of foreign law shall be disregarded where it clearly conflicts with the fundamental principles of Monegasque international public policy. Monegasque law shall then be applied. In order to verify compliance with Monegasque international public policy, rights duly acquired abroad shall be taken into account."
• This reformulation aims to better characterise the conditions for the exception based on Monegasque international public policy, strengthen legal certainty, and maintain the balance between protecting the fundamental principles of Monegasque law and the necessary openness to international situations.
• Currently, the Code DIP refers to "Monegasque public policy" without distinguishing between domestic public policy and international public policy. This lack of precision has led to uncertainty in practice and case law. Draft law no. 272 replaces this general wording with "Monegasque international public policy", a concept based on the fundamental principles of Monegasque law, which are themselves derived from the mandatory values of domestic law and the Principality's international commitments, particularly in the field of human rights.
• Draft law No. 272 also introduces the reference to manifest contradiction, in order to reiterate that the public policy exception is strictly interpreted and should only apply in cases of serious infringement of Monaco's essential values.
• Finally, by enshrining the principle of taking into account rights duly acquired abroad, Draft law no. 272 emphasises the mechanism of mitigated public policy ("ordre public atténué"): a legal situation validly established under foreign law, without fraud, may have effect in Monaco, unless it manifestly conflicts with Monegasque international public policy.

→ To remove the provision relating to the application or non-application of the forced heirship:

• Deletion of paragraph 2 of Article 63 of the Code DIP. This provision stipulates that the law applicable to succession (under Chapter V - Succession of the Code DIP), which governs the entire succession from its commencement until its final transfer to the beneficiaries, "may not have the effect of depriving an heir of the forced heirship guaranteed to him or her by the law of the State of which the deceased was a national at the time of death, nor of applying the forced heirship to the succession of a person whose law of the State of which he or she was a national at the time of death does not recognise this regime."
• By removing this paragraph, Draft law no. 272 aims to ensure that a single law applies to the entire succession, from its commencement to the final transfer of assets, thereby strengthening the consistency, simplicity and predictability of Monegasque private international law.
• The legislator's objective with this provision was to ensure that the heir is not deprived of the minimum share to which they are entitled (the forced heiship) under the national law of the deceased, and conversely that this reserved portion mechanism is not imposed when the national law of the deceased does not recognise it (legal systems based on testamentary freedom).
• This repeal is motivated by: the complexity of implementing this provision, which could lead to results contrary to the wishes of the deceased and the primary objective of the legislator; changes in the international context with regard to the forced heirship, marked by recent case law of the European Court of Human Rights (ECHR, 15 February 2024, Colombier v. France, No. 14925/18 and Jarre v. France, No. 14157/18), which allows for greater testamentary freedom; harmony with the solution provided by EU Regulation No. 650/2012 of 4 July 2012 on succession, the model adopted by the promoters of the Code of Private International Law based on the principle of the uniqueness of succession law. .

→ To grant jurisdiction to the Monegasque judge (Court of First Instance, Chambre du conseil) to issue inheritance documents when they are necessary for the settlement of the estate by Monegasque notaries:

• Addition of the following paragraph 2 to Article 64 of the Code DIP : "Pursuant to the provisions of Chapter II [Jurisdiction] of Title I [General Provisions] of this Code and, in particular, where the courts of the Principality have jurisdiction pursuant to Article 6(4) [in matters of succession, where the succession has opened in the Principality or where immovable property forming part of the estate is located there, as well as for claims brought by third parties against an heir or executor, and for claims between co-heirs until the final division] or when the deceased leaves movable property in Monaco and insofar as the competent foreign authorities do not deal with it, the courts of the Principality shall take all necessary steps to settle the succession, regardless of the law governing the succession."
• This insertion aims to address the difficulties encountered in many successions involving assets in Monaco where the applicable law is common law (England, United States, etc.), to avoid obstacles related to foreign formalities and to ensure that assets located in Monaco are properly administered, even if the succession is governed by foreign law.
• Under the Code DIP the applicable succession law governs not only the succession itself, but also the issuance of the documents necessary for its opening and administration. This can pose practical difficulties when these documents must be obtained from a foreign authority or court, which may not be willing to issue them for the purpose of settling the succession on Monegasque territory.
• This is the case, for example, when the succession comprising property located in Monaco is subject to English law, as English probate only covers property located in the United Kingdom [probate is the procedure whereby the executors or administrators of an estate apply to the Probate Registry of the competent court for a grant, in order to obtain the right to collect the estate and distribute it to the legatees or heirs after payment of debts and inheritance tax]. With the reform of the Code DIP, Monegasque judges would have jurisdiction to issue all documents necessary for the settlement of the estate, due to the connection with Monaco and insofar as foreign authorities do not deal with these assets.
• The aim is therefore to facilitate the settlement of international estates involving assets in Monaco by avoiding obstacles related to foreign formalities, while complying with the law applicable to the estate.

→ To determine the law applicable to gifts:

• Following additions to Article 69 of the Code DIP: in the absence of choice, the contract shall be governed by the law of the State in which the party who must provide the characteristic performance has its domicile, namely "7. in a contract of inter vivos donation, including donation between spouses, the donor.’ (new paragraph 7 in subparagraph 2); ‘3. contracts of inter vivos donation relating to immovable property located in Monaco shall be governed by Monegasque law" (new paragraph 3 in subparagraph 3).
• The aim is to provide for the law applicable to donations, which are a major tool for the transfer of assets, for the purposes of predictability.
• The Code DIP does not currently contain any provisions on gifts.
• Under Monegasque law, a gift is a formal contract and can only be made by notarial deed (Article 798 of the Civil Code), except for manual gifts
  currently recognised by Monegasque case law. A donation inter vivos has the effect of immediately transferring ownership of the donated item to the donee who accepts it (Article 762 of the Civil Code). Such donations are irrevocable, with the exception of donations made between spouses during marriage (Article 951 of the Civil Code).

→ To introduce transitional provisions clarifying the application of the Code DIP over time:

• Insertion of new Articles 101 and 102 of the Code DIP : "Unless otherwise specified, this Code shall enter into force on the day following its publication in the Journal de Monaco. Its provisions shall apply to all proceedings initiated after its entry into force. Proceedings pending on that date shall remain subject to the rules of private international law previously applicable." (Article 101); "Articles 47 and 51 on adoption shall apply from 29 June 2019. Articles 56 et seq. concerning succession, together with Article 24, shall apply to the succession of persons who died on or after 8 July 2017. Article 70 concerning consumer contracts shall apply to contracts concluded on or after 13 August 2022" (Article 102).
• The enactment of transitional rules aims to remedy their detrimental absence in practice in Law No. 1.448 of 28 June 2017 on private international law (creating the Code DIP) as amended by Law No. 1.529 of 29 July 2022 (which inserted Article 7-1, which provides that "The provisions of Chapter V of Title II of the Code of Private International Law shall apply to successions opened after the entry into force of this law." This article would therefore be repealed) and to ensure full legal certainty where there may have been conflicting court decisions.
• Article 101 reiterates the principle of the applicability of the Code DIP "the day after its publication in the Journal de Monaco" on 8 July 2017, specifying its applicability to proceedings initiated after its entry into force and, conversely, its inapplicability to proceedings already in progress on that date (which remain subject to the previously applicable rules of private international law).
• Article 102 regulates the entry into force of the Code DIP in a specific manner. In matters of adoption: 29 June 2019 is based on the revision made by the aforementioned Law No. 1.470. In matters of consumer contracts: 13 August 2022 is based on the revision made by the aforementioned Law No. 1.529. With regard to international successions: Article 24, which excludes reference to the rules of private international law of the foreign law designated by the conflict-of-law rules of the Code DIP, and Articles 56 to 67 would apply to the successions of persons who died on or after 8 July 2017 (the legislator wishes to bring order and clarify the application over time of the rules of succession, in view of the current case law, which it considers to be "a hybrid solution that creates uncertainty". See our publication: Court of Revision ● Article 24 of the Code DIP defining the "law of a State" applies to international successions opened before its entry into force).

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