Maître Joëlle PASTOR-BENSA

The rules relating to family law indisputably stand apart.

Effectively, a judge with specialist functions in the Court of First Instance has jurisdiction, in accordance with the law, to make rulings on the difficulties that may arise in family relationships.

This is the juge tutélaire (guardianship judge).

To this end, he or she can take the measures necessary for the protection of minors and incapacitated adults.

He or she alone has jurisdiction to change the normal place of residence of a minor whose parents are judicially separated or divorced.

The guardianship judge is also responsible for the general supervision of the statutory authorities, guardians and measures with regard to incapacitated adults.

In divorce matters, the Court of First Instance has jurisdiction where the respondent’s domicile is within the Principality but also where the matrimonial home is outside Monaco and where at least one of the spouses is of Monegasque nationality.

Monegasque law has other particularities, notably with regard to adoption, matrimonial property arrangements, inheritance and gifts.

The PASTOR-BENSA Law Firm offers its expertise in family law, whether in divorce by mutual consent, uncontested or contested cases. 

For these, Mrs Joëlle PASTOR-BENSA and Mr Bernard BENSA will, as trained mediators, work in an attempt to resolve conflicts.

Their area of experience also covers changes of matrimonial property arrangements as well as all matters concerning personal status.

The specifics of Monegasque procedures are numerous and are contained in the Code of Civil Procedure.

The courts are not the same as in France, nor are the areas of jurisdiction or the exercise of legal remedies.

By way of example, pleading as between co-defendants is not permitted in Monaco and a party who asserts the right to join a party to proceedings is submitted to procedural “gymnastics”, requiring experience and practice in Monegasque procedure.

The team at PASTOR-BENSA supports its clients at every stage of developing their intangible assets, including trademarks, patents, designs and models, databases, software programs and packages, copyright, etc.

Intellectual property law in Monaco is mainly governed by :

• Act no. 1058 of 10 June 1983 concerning manufacturing, trade or service marks
• Act no. 606 of 20 June 1955 concerning patents
• Act no. 607 of 20 June 1955 concerning designs and models
• Act no. 491 of 24 November 1948 on the protection of literary and artistic works

Monaco has been a member of the World Intellectual Property Organization since 1975.

We both provide advice and act in disputes to address the need to protect and defend our clients’ intangible assets.

The provisions relating to Monegasque companies are primarily set out in Part IV of the Commercial Code.

Monegasque law recognises four types of commercial companies, i.e.:

• The société en nom collectif (trading partnership);
• The société en commandite (limited partnership);
• The société à responsabilité limitée (private limited company);
• And the société anonyme (± joint stock company).

A société en nom collectif must have a trading activity. Its partners, of which there must be at least two, have the status of a merchant and have unlimited joint and severally liability for the partnership’s debts to the whole extent of their assets.

A société en commandite may have a civil or commercial activity. It is comprised of at least two partners, i.e.:

• A general partner, who has the status of merchant and who has unlimited joint and severally liability for the partnership’s debts;
• And a limited partner, who is only liable to the extent of his or her contribution.

A société à responsabilité limitée must have a trading activity. Its shareholders, of which there must be at least two, are only liable for the company’s losses up to the limit of their shareholdings. Its managing director must be a natural person and need not be a shareholder. This is the most widely used corporate form within the Principality.

Finally, the société anonyme is a joint stock company of which the corporate objects may be either civil or commercial. It comprises at least two shareholders whose liability is limited to the extent of their shareholdings.

Only a Monegasque société anonyme needs to be incorporated before a Notary.

The other types of company may be incorporated by instrument under private agreement.

The PASTOR-BENSA Law Firm offers you its assistance in matters of company law both at the incorporation stage and throughout the life of the legal entity.

The main pieces of legislation relating to labour law in Monaco are as follows :

• Act no. 729 of 16 March 1963 concerning employment contracts,
• Act no. 739 of 16 March 1963 concerning salaries;
• Act no. 845 of 27 June 1968 concerning termination or severance pay for employees
• Ordinance-Law no. 677 of 2 December 1959 as amended by Act no. 1067 of 28 December 1983 concerning working hours,
• Act no. 629 of 17 July 1957 regulating the conditions for recruitment and dismissal in the Principality.

Other sources of labour law include the Collective Labour Agreements that bind the employer organisations and trade unions that sign up to them, but which can, pursuant to article 22 of Act no. 416 of 7 June 1945, be extended and made binding by Ministerial Decree, on all employers and firms that belong to the areas of professional activity included in its scope.

The legislation relating to labour law is not codified. Legislation in this area is less tightly regulated than in France and consensus prevails at the point at which someone is hired: this is considered valid as long as the parties have reached even a verbal agreement on the key elements, the actual work, working hours and compensation.

Before hiring a foreign employee, however, the employer must obtain a work permit from the Department of Employment. In addition, hiring priority for access to private-sector jobs is given to nationals and then to certain categories of resident and the Department of Employment must ensure compliance with these rules before issuing a work permit.

Disputes relating to the termination of an employment contract fall within the exclusive jurisdiction of the Employment Tribunal, which is made up of equal numbers of representatives from employer organisations and trade unions, but is chaired by a professional judge, the Justice of the Peace. There is extensive case law relating to this type of dispute.

Our team of specialists is on hand to advise you throughout the life of an employment contract, from negotiating recruitment terms and support during its performance, right through to the end of the contract, regardless of the type of termination concerned.