To What Extent Can A Gift Be Considered A Customary Present?

In the absence of a definition by the Monegasque Courts, the definition of a customary present is given by the neighbouring country's Court of Cassation, which defines them as "gifts made on the occasion of certain events, in accordance with custom, and not exceeding a certain value" (Court of Cassation, 1st Civil Chamber, 6 December 1988).

Thus, a customary present is only a special case of a gift by hand.

A gift by hand is a liberality inter vivos that is made by simply handing over an item of property, known as a tradition, which in itself characterises its existence.

Consequently, a gift by hand made by tradition is lawful.

The exception to the general regime for donations inter vivos only concerns the form of the donation.