Le nouveau droit du divorce dans la principauté de Monaco
Auteur | Legal News |
Le droit du divorce monégasque a fait l'objet d'une refonte par la loi du 12 juillet 2007. La loi ne conçoit désormais plus exclusivement le divorce dans sa fonction punitive : à ce titre le législateur ne fait plus état "des causes de divorce" mais "des cas de divorce" régis aux articles 197, 198 et 199 du code civil. Ainsi, le divorce non consensuel peut désormais être prononcé pour faute, rupture de la vie commune, condamnation pénale ou maladie du conjoint. L'autre nouveauté substantielle de cette loi est la consécration du divorce fondé sur le consentement. Le divorce sur requête acceptée et le divorce sur requête conjointe sont introduits aux articles 198 et 199 du code civil. Quant aux conséquences du divorce, la nouvelle loi a modifié exclusivement les mesures ayant trait aux...
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