Legal system of Macau

From Wikipedia, the free encyclopedia

Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including Chinese law, Italian law, and some narrow aspects of common law.

1 Constitutional law
2 The transfer of power
3 Judicial system
4 Macau as a civil law legal system
5 Private law
6 Legal education
7 Gaming law
8 See also
9 External links

[edit] Constitutional law

The apex of the legal system is the Basic Law of the Macau SAR, a Chinese law approved in accordance with and due to the Sino-Portuguese Joint Declaration on the Question of Macau (an international treaty that is officially deposited at the UN) and with article 31 of the Constitution of the PRC. Within Macau, the Basic Law has constitutional rank. The Basic Law of Macau is modelled upon the Basic Law of Hong Kong, although it is not totally equal, as it namely is influenced by the Portuguese Constitution in some points as, for example, in some norms concerning fundamental rights.

[edit] The transfer of power

The legal system of Macau was not substantially modified in 1999, as a result of the transfer of power from Portugal to the PRC, given that there is a principle of continuity, according to which all sources applicable prior to the transfer of sovereignty continued to apply, with some exceptions.

[edit] Judicial system

The courts of the Macau SAR are structured in three levels and have final power of adjudication, except in very narrow areas.

[edit] Macau as a civil law legal system

Macau is typically a civil law legal system, in that legislation is the main source of law and case law, while clearly relevant, is not a major source of law. Macau has the five 'classic' codifications: the Civil Code, the Commercial Code, the Civil Procedure Code, the Penal Code, the Criminal procedure Code. In addition, there are a number of other smaller codifications (e.g., in the field of administrative law). The Commercial Code has been translated into English and is freely available in the website of the Macau Official Printing House (see link below).

[edit] Private law

Private law in Macau is basically codified in two separate codes: the 1999 Civil Code and the 1999 Commercial code. A number of other pieces of legislation, such as the law on standard contract terms, are also of importance.

[edit] Legal education

The Faculty of Law of the University of Macau was created in the late 1980's and currently offers law degrees and master programmes conducted in Chinese and Portuguese languages. It also offers two master and postgraduate programmes in English, one in EU, international and comparative law, and the other in international business law.