Civil law

Civil law governs relations between natural persons (individuals) and legal entities (companies, associations). It forms the basis of day-to-day relations. The main categories of civil law include: protection of private and family life, civil status documents, marriage, divorce and legal separation, inheritance, property, contracts and liability.

The Civil Code of 21 December 1880 presents some provisions similar to the French Napoleonic Code and shares some of its fundamentals. If the Monegasque civil law was mainly inspired by French law, it presents however some differences.

These differences are even more significant since the adoption in France of the Ordinance no. 2016-131 of 10 February 2016 on the reform of contract law, the general regime and the proof of obligations.

Among the specificities of Monaco, it may be noted that the general rules of the Civil Code apply to relations between professionals and consumers in the absence of the Monegasque Consumer Code.

Only Title II of Law no. 1.383 of 2 August 2011 for a Digital Principality, as amended by Law no. 1.482 of 17 December 2019, provides specific guarantees in the context of e-commerce for distance contracts. Consumer contracts are also covered by Law no. 1.448 of 28 June 2017 on Private International Law, which protects the consumer against the application of a law that would be less protective than that of her/his State of residence.

The Monegasque Code of Civil Procedure has also evolved in recent years:

Law no. 1.401 of 5 December 2013 reformed the civil limitation periods.

Law no. 1.423 of 2 December 2015 made a major overhaul of the procedural nullities due to defects of form and substantive irregularity. It also put an end to the automatic nature of civil fines.

The aforementioned Law no. 1.482 of 17 December 2019 also amended the provisions of the Civil Code on (digital) contract and evidence, in particular with the transposition of “paper” contractual formalities to the electronic context, the modification of the conditions relating to the requirement of a plurality of originals, the facilitation of electronic archiving, and the overhaul of the evidentiary regime of copying.

Law no 1.511 of 2 December 2021 finally brought about a far-reaching reform of civil procedure, updating and introducing major innovations to the organisation and operation of civil proceedings, based on Monegasque judicial practice, and in some cases inspired by French civil procedure.

Lastly, we should mention that Law No. 1.421 of 1 December 2015 on various measures on State responsibility and remedies has introduced a procedure for the reopening of civil proceedings in the event of a decision of the EHCR finding a violation to the European Convention on Human Rights or its additional protocols.

The preponderance of foreigners in Monaco raises many private international law issues in the context of civil disputes.

Law no. 1.448 of 28 June 2017 meets the needs of the 139 nationalities within the territory of the Principality, codifying the rules of the Monegasque private international law (jurisdiction of Monegasque Courts and law applicable to the status and capacity of natural persons, marriage, filiation and adoption, maintenance obligations, inheritance, contractual and non-contractual obligations).

The Principality of Monaco is also party to eight Hague conventions on private international law:

• Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
• Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
• Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters
• Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
• Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition
• Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption
• Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children
• Convention of 13 January 2000 on the International Protection of Adults

The law of the Principality has a remarkable characteristic in terms of trusts. The validity and the effects of a trust on Monegasque territory were recognised by Law No. 214 of 27 February 1936, amending the Law No. 207 of 12 July 1935 on Trusts.

• Law no. 1.481 of 17 December 2019 introduced into the Civil Code the civil solidarity contracts (CCS) [contrats civils de solidarité], namely the common life contract (CVC) [contrat de vie commune], which recognises free union in the Principality, and the cohabitation contract (CDC) [contrat de cohabitation], which can be concluded between two members of the same family and living under the same roof.
• Law no. 1.494 of 8 July 2020 created the offence of fraudulent organisation or aggravation of insolvency, which punishes fraud resulting from various acts of impoverishment carried out by the debtor in order to claim insolvency and thus prevent the recovery of the debt from his assets. The offence covers convictions handed down by the civil courts in matters of tort, quasi-delict or maintenance. By extension, judicial decisions and legally approved agreements imposing an obligation to pay benefits, subsidies or contributions to the expenses of the marriage are treated in the same way as orders for the payment of maintenance.
  
• Law no. 1.573 of 8 April 2025 brought about a comprehensive reform of company law, including amendments to the provisions of the Civil Code common to companies and the establishment of "société civile de moyens" (non-trading companies of means).
• Law no. 1.579 of 1 July 2025 amending article 4 of Ordinance-law no. 676 of 2 December 1959, as amended, made the creditor's position more secure during the period of registration of the pledge of motor vehicles (retroactivity from the date of registration of the pledge to the date of registration of the vehicle).