The law firm GIACCARDI & BREZZO Avocats assists entrepreneurs and companies in their business activities, in particular:
• Negotiating and drafting of commercial agreements (sales contracts, service provision contracts…)
• Drafting of standard contract (general conditions)
• Assistance in international trade operations (negotiating and drafting of international contracts, cross-border transactions security)
• E-commerce contracts (distance sales contracts, web site development agreement, domain name convention…)
• Assistance during mediation sessions
• Judicial and arbitral litigation
Monegasque commercial law
The Commercial Code of 5 November 1867 is mainly inspired by French law with some important differences, especially with regard to legal liquidation, commercial pledge, pledge of money and pledge securities.
Some disciplines, interrelated with commercial law that arose in European countries pursuant to the Community law did not develop in Monaco since Community law does not apply. For example, there are no specific competition law regulations.
However, this statement must be tempered since, by means of treaties entered by Monaco, Community law may be de facto applicable in the Principality.
Therefore, caution is required when drafting a contract.
The apprehension of electronic commerce by Monegasque law is relatively recent. The Law No. 1.383 of 1 August 2011 has reinforced the growth of the digital economy sector in the Principality.
Law No. 1.482 of 17 December 2019 reformed Law n° 1.383 for a Digital Principality, with in particular new provisions applicable to online service platforms (search engines, price comparators, marketplaces, classified ad sites, social networks…).
It has also transposed the “paper” contractual formalities into the Civil Code to the electronic context (provision of contractual stipulations or information on goods or services, transmission of information requested for the conclusion of the contract or addressed during its execution, delivery of an electronic writing).
The Law No. 1.426 of 4 July 2016 specifically governs the electronic commerce of medicines.
The Law No. 1.448 of 28 June 2017 on Private International Law governs jurisdiction, the recognition and enforcement of decisions in commercial matters, and the law applicable to contractual obligations. The solutions are based, in part, on the European regulations Brussels I and Rome I, as well as proposals from the European Group of Private International Law (EGPIL).
05/2021 "Monaco: Overview Of The Prior Control Activity Of The Personal Data Protection Authority (“CCIN”) Since 2020" Contributors: Thomas GIACCARDI, Anne ROBERT INPLP is a not-for-profit international network of qualified professiona...
Ministerial Order n° 2021-247 of 25 March 2021 (JDM n° 8532 of 2 April 2021) implements articles 2 (qualified electronic archiving service) and 3 (qualified digitisation service) of Sovereign Order No. 8.099 of 16 June 2020 on trust services, which...
Professional electronic certificates (corresponding to a digital identity card (1)) enabling an electronic signature (natural person representing the legal entity) or an electronic seal (on behalf of the legal entity) to be affixed are issued by the ...
Ministerial Order n° 2020-664 of 5 October 2020 applies articles 3 and 4 of Law No. 1.492 of 8 July 2020 relating to the introduction of a right to an account (from 17 October 2020) [1]. It contains the list of documents to be provided by persons...
Legal news │ MONACO • COVID-19 • Real estate • Contract • Labour • Company Following exchanges between the National Council and the Government of Monaco within the framework of the Joint Committee for the Follow-up of Covid-19, two le...
Draft law No. 246 (16 articles) of the National Council, adopted in Public Session on 4 December 2019, is an extension of the Extended Monaco "multifaceted" programme, which "is intended, among other things, to strengthen Monaco's attractiveness", wh...
Sovereign Order No. 7.115 of 14 September 2018 making enforceable the European Convention on Information on Foreign Law, signed in London on 7 June 1968 The purpose of the Convention is “the creation of a system of international mutual assistanc...
Law No. 1.462 of 28 June 2018 reinforcing the anti-money laundering, financing of terrorism and corruption mechanism transposes the EU's Fourth Anti-Money Laundering and Financing of Terrorism Directive[i] aligned with the revised FATF Recommendation...
October 14/16, 2016 (Prague) Joint session of International Litigation, ADR and Contracts Group and Corporate Law Group. More With the participation of Guillaume CARDOEN. • Order for payment • Institutional and ad hoc arbitration. ...
April 17, 2015 (Budapest) Organized by the International Business Group Speech by Patricia KEMAYOU MENGUE "Did you know that under the Monegasque law, the pledgor of cash and financial instruments needs to have an address in Monaco?"...