MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux and Xavier Widawski, CMS Monaco
3.2 Statutes of Limitations The statutes of limitations applying to civil suits were heavily amended in 2013. The time limitation period depends on the action to initiate. Actions in rem and personal actions shall be barred after five years from the date on which the holder of a right knew or ought to have known the facts enabling them to exercise it. An action brought by the direct or indirect victim of injury resulting from an event causing bodily harm shall be barred after ten years from the date of con- solidation of the initial or aggravated injury. Certain specific limitation periods apply in particular areas of law. For instance, in matters relating to con- tracts of carriage, claims for damage, loss or delay that may be brought against the carrier are subject to a one-year limitation period. Additionally, in the context of negotiable instruments, all actions aris- ing from a bill of exchange against the acceptor are time-barred after three years from the date of maturity. These limitation periods are exceptions that apply only in these specific fields. 3.3 Jurisdictional Requirements for a Defendant The private international rules for jurisdiction are set out in the Code of Private International Law. Generally, on jurisdiction, Monegasque courts are competent where the defendant has its domicile or its residence in Monaco. Monegasque courts are also competent: • in real estate matters where the real estate is in the Principality; • in tort matters where the act causing the damage, or the damage itself, occurred in the Principality; • in estate matters where the estate is opened in the Principality; • in company matters, where the company has its headquarters in the Principality; • in forced execution matters or in freezing cases enforced in the Principality, or as regards any provi-
Foreign lawyers cannot conduct proceedings under their own name before the Monegasque courts; how- ever, they can be represented by an avocat-défenseur and follow the Monegasque proceedings, and may even be admitted to present oral arguments before the judge, with the judge’s authorisation.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Monegasque law does not have a framework for litiga- tion funding. Since no rule is defined by Monegasque law, nothing would seem to forbid a party from seek- ing funding to enable it to initiate proceedings. 2.2 Third-Party Funding: Lawsuits This topic is not applicable. 2.3 Third-Party Funding for Plaintiff and Defendant This topic is not applicable. 2.4 Minimum and Maximum Amounts of Third-Party Funding This topic is not applicable. 2.5 Types of Costs Considered Under Third- Party Funding This topic is not applicable. 2.6 Contingency Fees This topic is not applicable. 2.7 Time Limit for Obtaining Third-Party Funding This topic is not applicable.
3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
The usual pre-action conduct involves sending a reg- istered notice letter to the opponent to summon them before issuing a legal action. This is more from a cus- tomary standpoint than as a legal requirement.
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