Proposed law n°207 concerning the “Pact on common life” (“Pacte de vie commune) dated October, 27th 2016

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The proposed law adopted by the National Council on 27 October 2016 relating to the "Pact on common life" corresponds to the will and the duty of the legislator to bring the texts into line with lifestyles by adapting them to the evolution of the society. The proposed law envisages inserting a title VIII bis entitled "The Pact of Common Life" with 17 articles in the book III of the Civil Code related to "the ways in which property is acquired", in order to insist on the contractual nature of the pact and on the difference with the marriage.

The pact on common life would be defined as "a contract concluded by two major persons of different sex or of the same sex in order to organize their common life", since it has no impact on the civil status or on the rules of filiation or parental authority.

The cases of impediment to the conclusion of a pact on common life would be the same as for marriage, and the conditions for the constitution and validity of the pact would be the establishment of a notarial authentic act and the publication in a special register.

An obligation of common life and an obligation of material and reciprocal assistance would have to be respected by the partners. The patrimonial regime of the partners would be a regime of separation of property, in absence of choice of particular clauses.

The pact of common life would automatically end in case of marriage, joint initiative of partners or upon unilateral initiative of one of the partners. After informing the undersigned notary, the termination should be mentioned in the special register.

The law applicable to the pact would be the law of the place of registration if there is proximity between the State of registration and the future partners who have to be domiciled there.

Pacts registered abroad would be recognized only if their effects do not exceed those provided for by Monegasque law. In case of multiple pacts concluded only the last one would be retained, and the “Tribunal de Première Instance” would be competent for all disputes related to the pact of common life.

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On the right to housing, the pact would open the right to maintain the premises until the lease expires to the partner of the one holding a residential lease when he abandons the premises or leaves them for health reasons.

On the conditions of employment and dismissal in the Principality, foreigners bound by a pact of common life to a Monegasque who are not legally separated, would be better treated than other foreigners domiciled in Monaco and carrying out a professional activity there.

Please note that the pact of common life would not create succession rights.

The Government will inform the National Council on April 27, 2017 if he decides to transform this proposed law into a bill, or to interrupt the legislative procedure.

By Christine Pasquier-Ciulla and Fiona Bonadonna

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