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Laws n° 1.089 of November 21, 1985 and n° 1.278 of December 29, 2003 govern the Monegasque law of filiation which is provided for by articles 207 to 239-8 of the Civil Code (Book 1, Title VII).
The law of December 29, 2003, marked by the spirit of the European Convention on Human Rights , put an end to discrimination hitherto foreseen to the detriment of adulterine and incestuous children (see below n°32).
After setting out general provisions (A), Monegasque law deals with legitimate filiation (B) and filiation outside marriage (C). This order of presentation is comparable to that adopted by the French Civil Code (French Civil Code, art. 311 to 342-8).
However, unlike this Code, the Monegasque Civil Code does not provide rules comparable to articles 311-14 to 311-18 of the French Civil Code which regulate the conflict of laws relating to the establishment of parentage.
It is therefore Monegasque case law that has established rules capable of determining the applicable law according to the considerations of the case.
The presentation below will therefore follow the outline of the Monegasque Civil Code, subject to the reservation that the law of legitimation, which, in the Monegasque Civil Code, as in the French Civil Code, appears in Chapter II devoted to legitimate filiation, will be treated here in fourth position (D) and will be followed by an overview of the rules of private international law applicable to questions relating to filiation (E).
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Maître Grégory DAMY , lawyer. Monaco
