Procedure of exequatur
Did you know about it?
The foreign judgments and acts received by foreign officers can be enforced in the Principality of Monaco after being declared enforceable by the court, unless otherwise stipulated in the treaties, pursuant to articles 472 and following of the Monaco Code of Civil Procedure.
Regarding the conditions of enforcement of foreign judgments, the execution of foreign judgments will be permitted without substantive consideration if reciprocity is permitted by the law of the country where the judgment was rendered.
In this case, the judges will just check:
1. If the judgment is regular in form;
2. If the judgment was rendered by a competent court according to local law, without opposition to the Monegasque law;
3. If the parties were duly summoned and able to defend themselves;
4. If the judgment has the status of res judicata and if it is enforceable in the country where it was rendered;
5. If it contains nothing contrary to public policy.
In the absence of reciprocity, the court will consider the judgment in the form and substance and will be able to revise it in whole or in part.
To learn more about it
The agreement on mutual legal assistance between France and the Principality of Monaco dated September, 21th 1949 enforced by Order N°106 dated December, 2nd 1949, provides simplified procedures between the two countries.
In civil and commercial matters, judgments and notary acts enforceable in one of the two countries will be declared enforceable in the other by the Court of the place where enforcement is sought.
Regarding the International Protection of Adults, the Hague Convention of 13 January 2000, ratified by the Principality of Monaco March 4th , 2016, and entered into force on July 1st 2016 provides that the measures taken in this matter by the authorities of a Contracting State shall be recognized by operation of law in all other Contracting States, and that if the measures taken in one Contracting State and enforceable there require enforcement in another Contracting State, they shall, upon request by an interested party, be declared enforceable or registered for the purpose of enforcement in that other State according to the procedure provided in the law of the latter State.
By Christine Pasquier-Ciulla and Fiona Bonadonna