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Legal
Because
Radio International enjoys a community of listeners representing
many nationalities, we have tried to include in this section a variety
of professionals who may specialise in the unique needs of the expatriate
community. If you are an ex-pat and living within our coverage area,
you may want to click below on the name of the country you are currently
living in for some basic legal information.
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FRENCH
LEGAL SYSTEM
French
law is largely based on the Code Napoleon and on the various codes
and statutory decrees that followed. For civil cases, courts of
first instance Tribunaux d'Instance deals with actions up to a certain
maximum value and also have competence in matters of labor, forestry,
rural and electoral disputes.
For more
serious civil actions, there are higher courts (Tribunaux de Grande
Instance). Administrative courts (Tribunaux Administratifs) are
empowered to settle suits between individuals and public bodies.
Special courts deal with disputes arising out of occupational activities,
e.g labor courts (Conseils de Prud'hommes) and courts of commerce
(Tribunaux de Commerce).
Criminal
jurisdiction is exercised by three types of tribunals. In police
courts a Tribunaux de Police deal with minor offenses, while courts
of correction known as Tribunaux Correctionnels try more serious
offenses (delits) and courts of assise (Cours d'Assises) judge felonies.
Both
criminal and civil cases can be appealed to courts of appeal (Cours
d'Appel) and to the Supreme Court (Cour de Cassation).
NOTE:
Attention is drawn to the fact that the rules of the French Bar
Association prohibit all advertising on the part of its members.
As the publication of the names of members of the bar, together
with any data concerning their professional ability, experience
and qualifications may be considered as a contravention of the rule
against advertising, this list is released on the condition that
it is not published.
I. ATTORNEYS
(AVOCATS)
As of
January 1st, 1992, France has two major categories of legal practitioners:
An "avocat"
must be a lawyer. "Avocats" may render legal advice on
all matters. Normally this includes; representation in commercial
disputes and collection cases, drafting of agreements and contracts
as well as pleading and defending civil and criminal cases before
the French courts to which they are admitted.
II. NOTARIES
(NOTAIRES)
A French
"notaire" is a public official appointed by the Ministry
of Justice. A notaire is not the equivalent of a notary public in
the United States. The number of "notaires" in each jurisdiction
is limited and their fees are fixed by law. Their functions include
the preparation and recording of "notarial acts". Wills,
deeds, acts of incorporation, contracts (marriage and otherise)
are all types of legal services provided by the notaire who may
also oversee the administration and settlement of estates (excluding
litigation in court) and serve as the repository of wills. They
are not lawyers, but very specialized members of the legal profession.
A notaire may not plead in court.
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Monaco Legal
System
Monaco is an independent
principality that enjoys a close relationship with France. HSH Prince
Albert is the head of state with an appointed Minister of State
and a Council of Ministers and a Chamber of elected representatives
has the legislative powers. There is an independent court system
for civil, criminal and administrative matters and appeal courts.
The legal system is based
on the Napoleonic Code, like the French legal system and many Monegasque
laws reflect their French counterparts. There are various conventions
and agreements between the two countries the most important being
a series of conventions signed in 1963. The conventions cover the
application of certain French legislation in Monaco, in particular,
on taxation, banking, insurance and monetary regulations.
Taxation
Monaco has not entered into any tax treaties with any country, except
France, and as a result residents of Monaco cannot claim a reduction
or waiver of taxes paid in another jurisdiction.
To the exception of French
nationals, residents in Monaco enjoy the benefits of no income tax,
capital gains or wealth taxes in the Principality.
French nationals and
dual nationals (French and other) are not so fortunate and are subject
to the French income tax regime, as if they had remained domiciled
or resident in France, with only limited exceptions which mainly
depend upon the date at which they have established their residence
in Monaco.
The Monegasque authorities
levy inheritance tax and gift tax but only in respect of those assets
situated in Monaco, this will include real estate, bank accounts,
shares and securities, boats and cars registered in Monaco and personal
possessions. Transfers to children and spouses may however be tax-free.
Residents of Monaco who
own or are the tenants of real estate in France may have to make
a declaration to the French tax authorities and to pay tax on a
notional income equal to three times the current annual market rent
of that property.
Banking
Monaco has a well-developed banking sector with over 45 banks represented
in the Principality. Banking activity is closely regulated in Monaco
with overall supervision currently exercised by the Bank of France,
under French banking legislation. The French laws are supplemented
by Monegasque banking legislation, which covers the bankers' duties
of confidentiality to their clients, the sale and marketing of financial
products and strict anti-money laundering provisions within the
Principality.
In brief:
Real Estate: The legal
formalities associated with the purchase of real estate in Monaco
follow the French model. Stamp duties are payable to the State on
the purchase.
Wills and trusts: The owner of property, whether real or moveable
property, in Monaco may make a Monegasque will separate from any
foreign will. The formalities for making a valid will are similar
to those in French law. Under Monegasque law it is possible to operate
an English or common-law form of trust.
Immigration: To become resident in Monaco an applicant must satisfy
the requirements of Monegasque legislation whether a national of
an EU or non- EU State. If successful a resident's permit will be
issued, subject to annual renewal for the first three years, triennial
renewal for the following nine years before qualifying for 10 year
permit.
Data Protection: The processing and handling of personal information
is closely regulated in Monaco and is supervised by the regulatory
body - the Commission for Data Protection. The legislation is to
protect individuals from the collection and processing of certain
categories of data and grants individuals a right of access and
where appropriate amendment to data held on them.
Monaco legal information graciously provided to Radio International
by;
Simon Huxford an English
qualified solicitor at
Gordon S Blair Law Offices,
3 rue Louis Aureglia, BP 449,
MC 98011
Monaco
Tel + 377 93 25 85 25 Fax +377 93 25 79 58
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ITALIAN
LEGAL SYSTEM
(under
construction)
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