Court of Revision ● Article 24 of the Code DIP defining the "law of a State" applies to international successions opened before its entry into force

Court of Revision, judgment of 18 March 2024, Appeal No. 2023-42 (cassation and referral) Private International Law (DIP) ● International successions opened before the entry into force of the Code DIP ● Immediate application of article 24 of the Code DIP ● Limitation of the application of foreign law to its substantive rules

The leading judgment of the Court of Revision is of great interest for international successions opened before the entry into force of the Code DIP on 8 July 2017 and ongoing, with regard to the determination of the applicable substantive law of succession.

The Court of Revision held that article 24 of the Code of Private International Law (Code DIP), which limits the application of the "law of a foreign State" to its substantive rules only, to the exclusion of its rules of private international law (conflict rules and referral mechanism*), is of immediate application, and applies (not only to international successions opened as from its entry into force, but also) to international successions opened prior to its entry into force, on 8 July 2017.

In other words, regardless of the date on which the succession is opened, it will be subject to the material (substantive) succession provisions of the foreign law designated by the applicable Monegasque private international law rules.

* Referral ("renvoi") is a legal mechanism which occurs when the conflict rule of the State of the forum (in which the situation is situated) refers to the conflict rule of another State to determine the applicable law. Referral was permitted by the rules of case law prior to the Code DIP. It is a contrario excluded by article 24 of the Code DIP.

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