Matrimonial and succession matters in the light of Monaco Private International Law Code of 2017 Cover Image

Sprawy małżeńskie i spadkowe w świetle Kodeksu prawa prywatnego międzynarodowego Monako z 2017 roku
Matrimonial and succession matters in the light of Monaco Private International Law Code of 2017

Author(s): Paulina Twardoch
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Code on Private International Law of the Principality of Monaco; recognition of marriage celebrated abroad; mutual rights and duties of spouses; third party protection; matrimonial property regime

Summary/Abstract: On 8 July 2017, the Principality of Monaco adopted — as Law no. 1.448 of 28 June 2017 on Private International Law — the Code on Private International Law. The law constitutes an exceptional example of codification, wherein the legislator of a non-EU member state was largely inspired by solutions adopted in the framework of EU regulations. The first part of this article is intended to present the most interesting of the solutions established in the Code with respect to issues pertaining to marriage. Accordingly, this part of the analysis concentrates on selected conflict of law rules concerning: the celebration of marriage, primary matrimonial regime, matrimonial property regime of the régime secondaire type, as well as divorce and legal separation. In the second part, an attempt was made to demonstrate the most interesting provisions of the Code as regards the law applicable to succession. Notwithstanding several reservations presented in the article, the quality of provisions of the Code on Private International Law pertaining to matrimonial and succession matters is very high. Particularly noteworthy is the fact that a range of modern solutions were introduced in response to the current needs of practice of legal relations in the aforementioned spheres.

  • Issue Year: 2017
  • Issue No: 21
  • Page Range: 131-148
  • Page Count: 18
  • Language: Polish