ARTICLE
18 July 2024

The Revocation Of Donations Between Spouses

CP
CMS Pasquier Ciulla Marquet Pastor & Svara

Contributor

CMS Monaco is a leading law firm, providing local and international clients with a one-stop shop service for all their legal challenges, both in counselling and litigation. The firm was created in 2009 and is strongly anchored in the Monegasque market and well familiar with its dynamic economy. In 2017 the firm joined CMS, an organisation of independent law firms, composed of 80+ offices in 45+ countries, with over 6,000 lawyers worldwide, making it the only law firm in Monaco with such significant international reach. Today CMS Monaco is composed of 80+ professionals, including five partners (Avocats Associés Monégasques) and over 50 associates, experts in Monegasque law. The firm is structured around seven practice groups: Private Clients, Business Law, Real Estate & Construction, Employment, Banking & Finance, Tax and Criminal law. The teams regularly work together on complex cross-practice cases with high stakes for a large variety of Monegasque and international clients, such as companies of various sect
During marriage, donations can be made between spouses.
Monaco Family and Matrimonial

During marriage, donations can be made between spouses.

But did you know that they can be revoked by the donor spouse at any time during marriage, until divorce is finalised?

Under Monegasque law, donations between spouses are always revocable under article 951 of the Civil Code, leading to restitution.

It is imperative to consider the law applicable to a donation between spouses and its revocation.
The modalities and criteria may in fact be different according to the applicable law of each country.
It is the so-called conflict-of-laws rule (règle de conflit de lois) that determines the law applicable to a legal situation in an international context.

WhenMonegasque lawis applicable, the criteria for determining the law applicable to donations between spouses are set out in the Code of Private International Law.

Knowing the applicable law in advance ensures validity of the donation and any revocation under the conditions of the said law, helping to avoid any potential dispute or challenge a posteriori in this respect.

Once the applicable law has been established, it is then essential to determine whether a donation constitutes a revocable donation between spouses.

If Monegasque law is applicable, it should be noted that a donation made by hand (don manuel) (except for certain special cases, such as a contribution to the expenses of the marriage), or a donation made by notarial deed, can constitute a revocable donation between spouses.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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