Civil Laws at Macau
Macau operates under a civil law system, deeply rooted in Portuguese legal traditions, with its own codified statutes and a judiciary independent of the executive and legislative branches.
Legal System Overview
Macau's legal system is primarily based on Portuguese law, influenced by German legal principles, and adapted to local circumstance. The legal framework includes five main code:
Civil Code* Commercial Code **Civil Procedure CodePenal Code* Criminal Procedure Code* These codifications form the backbone of private and public law in Maca. The Civil Code, approved by Decree-Law No. 39/99/M on August 3, 1999, modernizes and adapts the 1966 Portuguese Civil Code to Macau's context, maintaining the Germanic classification of legal branches
🏛️ Judiciary Structure
Macau's judiciary comprises several levels of courts:
*Court of Final Appeal: The highest court, consisting of three judges, with the Chief Justice as the head As of December 2024, Song Man Lei serves as the President
*Court of Second Instance: Handles appeals from lower courts.
*Primary Court: Deals with civil and criminal cases at the first instance.
*Administrative Court: Specializes in administrative disputes.
Judges are appointed by the Chief Executive of Macau, based on recommendations from an independent commission
📚 Legal Education and Language
The Faculty of Law at the University of Macau offers law degrees and postgraduate programs in Chinese and Portuguese. It also provides master's programs in English, focusing on EU, international, and comparative law, as well as international business law
🌐 Macau's Role in International Arbitration
Macau serves as a hub for dispute resolution, particularly in arbitration, due to its civil law tradition and use of Portugal. This positions Macau as a strategic platform for resolving conflicts arising from civil or commercial exchanges between China and Portuguese-speaking countries
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