Civil Procedure Code at Macau
Macau's civil litigation is governed by the Código de Processo Civil (Civil Procedure Code), established by Decree-Law No. 55/99/M, enacted on October 8, 1999, and subsequently amended by Law No. 9/2004 on August 16, 2004. This code outlines the procedural rules for civil and commercial cases within the Special Administrative Region of the People's Republic of China. (Civil Procedure Code (as approved by Decree-Law No. 55/99/M of October 8, 1999, and as amended up to Law No. 9/2004 of August 16, 2004, on Changes and Additions to the Law on Judicial Organization and Civil Procedure Code), إقليم مكاو، الصين, WIPO Lex)
📘 Accessing the Civil Procedure Code
The full text of the Civil Procedure Code is available in Portuguese and Chinese through the World Intellectual Property Organization (WIPO) Lex. Please note that English translations are not officially provided; therefore, consulting with a legal professional proficient in Portuguese or Chinese is advisable for accurate interpretation. (Civil Procedure Code (as approved by Decree-Law No. 55/99/M of October 8, 1999, and as amended up to Law No. 9/2004 of August 16, 2004, on Changes and Additions to the Law on Judicial Organization and Civil Procedure Code), إقليم مكاو، الصين, WIPO Lex)
⚖️ Key Features of the Civil Procedure Code
Types of Actions: The code distinguishes between declaratory actions, which seek to establish the existence or non-existence of a right or fact; condemnatory actions, which aim to compel a party to perform an obligation; and executive actions, which enforce a right through specific performance or compensation.
Jurisdiction: Macau courts have jurisdiction over civil matters where obligations are to be performed in Macau, where the defendant resides, or where the subject matter is located within Macau.
Legal Representation: Parties are generally required to be represented by a lawyer. In urgent cases, provisional legal representation may be granted.
Court Proceedings: Civil proceedings are initiated by filing a complaint, followed by a process of service, defense, and possible counterclaims. Hearings are conducted, and judgments are rendered based on the merits of the case.
Appeals: Decisions made by lower courts can be appealed to higher courts, with provisions for further appeals under certain circumstances.
Costs: The losing party is typically responsible for court costs, including those related to evidence and expert witnesses, unless otherwise determined by the court. (CODE OF CIVIL PROCEDURE IN CHINA MACAU)
🏛️ Legal Language and Translations
In Macau, Portuguese and Chinese are the official languages of the judiciary. While some legal documents may be available in English, these are often unofficial translations. For precise legal interpretation or proceedings, it is recommended to consult with legal professionals fluent in Portuguese or Chinese. (CODE OF CIVIL PROCEDURE IN CHINA MACAU)
RELATED Blog
0 comments