Macau SAR, China

Riqito Advogados offers legal proposals to a wide range of buyers in all economic sectors, paying particular attention to corporate clients. The firm has five highly qualified legal advisors and has offices in Macau and Lisbon (Portugal). The firm's main areas of practice are corporate law/mergers, contracts/contract attachments, restructuring, litigation/arbitration, intellectual property, foreign investment, collective, collective money, real estate, aviation, direct investment, project finance, labor law, taxation, etc.

Extending everything

1. General

1.1 General Characteristics of the Legal System

The legal system of the Macau Special Administrative Region (Sala Macau) was based on civil law. The judicial system consists of the courts and the prosecution.

The courts hold full judicial powers, and the Prosecution Office is considered an autonomous judicial organ, whose leading direct tasks are to comply with the law and represent the interests of the Macau Special Administrative Region (and other organizations) in court, as well as to carry out criminal investigations.

Judicial System

The judicial system of Sala Macau is based on adversarial relations.

However, the Tribunal has the ability to enforce confirmations that it considers relevant to the adoption of a conclusion, but if it does not seek one of the parties, the Tribunal could not block a dispute resolution initiative. The Tribunal has the ability to consider only precedents established by the parties (except those that are disclosed and uncontested, prevalent in the performance of its obligations and have a determining significance, or those that the parties invoke with a rushed intent).

The principle is that, in effect, any conclusion has almost no chance of being accepted until the appropriate party has expressed its views and evidence. During the proceedings, each party has the right to make its own deal with all the actions of the party and the evidence submitted to the court. Of course, there are exceptions to this principle that are provided to ensure the effectiveness of the conclusion. In such circumstances, there is an opportunity for a provisional conclusion to be adopted, and conversely, the party whose conclusion is accepted will have the opportunity to adopt the conclusion and then take its own objections and affirmations, which will then be appropriately modified by the Tribunal.

The Tribunal functions in earnest agreement with the principles of impartiality and objectivity, and its conclusions are the most lawful. It should not be monotonous. The specific procedure depends on what one of the parties requests.

Civil litigation procedure

The first stage of the procedure is based on the first written execution. The judge examines materials and evidence documents enacted by the parties, and transferring the case to the court if supplementary evidence is required. Host trials are given to court, with testimony from witnesses, experts, and parties to court. The court and the parties may have a certain restriction, and can interrogate and correct witnesses, and ask arbitrators to make additional statements. A written statement may be attached to the class only in exceptional cases, and the final argument on the duty of the precedent is submitted verbally to the court. The final legal claim is likely to be submitted verbally if the parties agree, but in an unpleasant case, it should be submitted in front of the final prison.

Any judicial conclusion must be supported, which led to the adoption, but in fact, a specific design that provides clarity and objectivity that the party can be judged in the case of complaints. It is obliged to comply with.

Criminal lawsuit

Criminal procedures are still based on opposition, but their structure is different. The investigation is conducted by the Public Prosecutor's Office, which is considered an autonomous judicial authority. At the end of the investigation, the Public Prosecutor's Office will collect complaints based on evidence and send them to the court. During the investigation, the judge dresses as the host of the investigative agency. However, the end of the investigation will be noted by the opportunity to make an objection without confirming all the prosecutor's claims. For this reason, the defendant has the option of requesting that the mediator in the preparation procedure to examine the indictment before the incident is transferred to the court, or the court of the first instance. 。

1.2 Court System

In Sal Macau, the autonomous judicial system is operated until the conclusion is reached. The design of the judicial system is specified by the Act No. 9 of the 1999, but has been revised by the 2019 Act No. 4. Sal Macau has three hierarchical courts, and its judicial rights are applied to the entire land:

• Room｝ 1 hearing court including basic judicial court and administrative court;
• 2 Judgment Court
• Appeal court. < SPAN> Civil litigation procedure

The first stage of the procedure is based on the first written execution. The judge examines materials and evidence documents enacted by the parties, and transferring the case to the court if supplementary evidence is required. Host trials are given to court, with testimony from witnesses, experts, and parties to court. The court and the parties may have a certain restriction, and can interrogate and correct witnesses, and ask arbitrators to make additional statements. A written statement may be attached to the class only in exceptional cases, and the final argument on the duty of the precedent is submitted verbally to the court. The final legal claim is likely to be submitted verbally if the parties agree, but in an unpleasant case, it should be submitted in front of the final prison.

Any judicial conclusion must be supported, which led to the adoption, but in fact, a specific design that provides clarity and objectivity that the party can be judged in the case of complaints. It is obliged to comply with.

Criminal lawsuit

• In Sal Macau, the autonomous judicial system is operated until the conclusion is reached. The design of the judicial system is specified by the 1999 Act No. 9, but has been corrected by the 2019 Act No. 4. Sal Macau has three hierarchical courts, and its judicial rights are applied to the entire land:
• Room｝ 1 hearing court including basic judicial court and administrative court;

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2 Judgment Court

1.3 Court Filings and Proceedings

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Appeal court. Civil litigation procedure

The first stage of the procedure is based on the first written execution. The judge examines materials and evidence documents enacted by the parties, and transferring the case to the court if supplementary evidence is required. Host trials are given to court, with testimony from witnesses, experts, and parties to court. The court and the parties may have a certain restriction, and can interrogate and correct witnesses, and ask arbitrators to make additional statements. A written statement may be attached to the class only in exceptional cases, and the final argument on the duty of the precedent is submitted verbally to the court. The final legal claim is likely to be submitted verbally if the parties agree, but in an unpleasant case, it should be submitted in front of the final prison.

Any judicial conclusion must be supported, which led to the adoption, but in fact, a specific design that provides clarity and objectivity that the party can be judged in the case of complaints. It is obliged to comply with.

1.4 Legal Representation in Court

Criminal lawsuit

Criminal procedures are still based on opposition, but their structure is different. The investigation is conducted by the Public Prosecutor's Office, which is considered an autonomous judicial authority. At the end of the investigation, the Public Prosecutor's Office will collect complaints based on evidence and send them to the court. During the investigation, the judge dresses as the host of the investigative agency. However, the end of the investigation will be noted by the opportunity to make an objection without confirming all the prosecutor's claims. For this reason, the defendant has the option of requesting that the mediator in the preparation procedure to examine the indictment before the incident is transferred to the court, or the court of the first instance. 。

In Sal Macau, the autonomous judicial system is operated until the conclusion is reached. The design of the judicial system is specified by the Act No. 9 of the 1999, but has been revised by the 2019 Act No. 4. Sal Macau has three hierarchical courts, and its judicial rights are applied to the entire land:

Room

Room｝ 1 hearing court including basic judicial court and administrative court;

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2. Litigation Funding

2.1 Third-Party Litigation Funding

2 Judgment Court

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Appeal court.

2.2 Third-Party Funding: Lawsuits

The Tribunal's procedure is structured in all kinds of divisions (2 pre-trial criminal divisions, 5 criminal divisions, 3 civil divisions, 1 small claims civil division, 1 labor and production division, 1 housing and production division) according to the similarity of the matters considered in the cases. The civil division has a common area of ​​responsibility that deals with all issues that are not related to a specific task that belongs to the area of ​​responsibility of other divisions.

The administrative court's areas of responsibility include administrative law, taxation and customs issues.

The second instance court and the appellate court are essentially considered as appellate courts. The second instance court is considered as the whole appellate court and reviews the conclusions of the first instance court (basic courts such as administrative courts). It connects two sections:

2.3 Third-Party Funding for Plaintiff and Defendant

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2.4 Minimum and Maximum Amounts of Third-Party Funding

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2.5 Types of Costs Considered Under Third-Party Funding

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2.6 Contingency Fees

The Criminal Division, which reviews criminal cases, and the General Division, which reviews all other issues.

2.7 Time Limit for Obtaining Third-Party Funding

The final appeal end is considered the highest court in the hierarchy, and the main options are discussed to discuss the appeal of the court in two cases and the standardization of judicial practice. In real time, in its area of ​​responsibility, where the discussion of all issues enters, it is generated only from one section with a college of three arbitrators.

3. Initiating a Lawsuit

3.1 Rules on Pre-action Conduct

However, in exceptional cases, the two-tiered tribunal and the final tribunal have every opportunity to play as a one-tiered tribunal for some tasks or for some cases with the role of a specific entity that has availed the court's benefits.

3.2 Statutes of Limitations

If a separate ordinance is not considered, the proceedings are not private. However, this does not mean that everyone has the opportunity to become familiar with the procedural procedures. Lawyers have the right to know and receive copies of at least all proceedings. The parties have every opportunity to know and receive copies of their own cases. Others are required to have a valid reason to access the contents of the court documents and materials.

However, judicial hearings are basically considered to be fully open and everyone has the opportunity to be present.

3.3 Jurisdictional Requirements for a Defendant

In exceptional cases, the court may (on its own initiative or at the request of one of the parties) impose limitations on the publicity of proceedings and hearings, if this is likely to harm the dignity, private life, or public order of the parties or other persons, or to undermine the effectiveness of the decision. The law specifies that for some proceedings (such as annulment of marriage, divorce, establishment of kinship, court injunctions, etc.), only the parties and their lawyers may have access. In injunction proceedings, where an ex parte decision is required, only the applicant and his/her lawyer may have access.

• In most cases, legal representation in court is required.
• Legal representation is always required in administrative cases and criminal proceedings.
• Lawyers who can attend trials = lawyers have the right to represent parties in trials where legal representation is not mandatory, criminal trials, and certain matters where the proceeding is not being handled.

Where legal representation is not mandatory, parties may represent themselves or be represented by a stand-up lawyer.

According to the Macau Special Administrative District procedures, the litigation party is responsible for paying legal losses and expenses, and there is no consideration for legal losses and liability to pay. Therefore, neither a specific third party to provide funds or legal identity as a third party is not legally considered. However, any payment by another physical or legal person may be paid on the last day.

3.4 Initial Complaint

Collection of unpaid lawyer fees will be seriously collected.

The above does not hinder the solution of an out of agreement with third parties regarding the payment of legal bills, regardless of the bank bill itself in court.

3.5 Rules of Service

The agreement on this issue is invalid because the Macau Special Administrative District's legal system has no provisions on raising funds by third parties in the legal bill. In other sentences, the court issues bills every time in the name of the parties, and only enforce the parties.

The above does not deny the reality of a no n-trial agreement between the parties and the third party, but the agreement is only effective for the parties and has no effect on the court. However, it is thought that such customs are not widespread in the Macau Special Administrative District.

On the other hand, the law can pay the litigation expenses without the consent of the parties who are responsible for the third party. In this case, unless the payment is negligent, the third party has legitimate rights to redeem costs from serious parties.

Chapter 2 2. Refer to the provision of funds from third parties: legal claims.

3.6 Failure to Respond

2. 2 Refer to the provision of funds from third parties: legal claims.

There is no limit on the property of the cost, and if a commission is approved, it is likely to be recovered by a third party (see 2. 1 thir d-party litigation funds).

3.7 Representative or Collective Actions

Macau Special Administrative District does not use success fees.

• Premium pr e-trial acts are not considered in the commonly recognized civil law, but for example, if the lender urgently requests a specific promise (in this case, the lender is obliged to send a notice to the debtor before the start of the trial. This is an exception if it is stipulated by the law, such as), and plays a role in reconstructing the history of delay due to the promised default. < SPAN> Macau Special Administrative District procedures are responsible for the lawsuit, and there is no liability to pay legal losses and costs. Therefore, neither a specific third party to provide funds or legal identity as a third party is not legally considered. However, any payment by another physical or legal person may be paid on the last day.
• The above does not hinder the solution of an out of agreement with third parties regarding the payment of legal bills, regardless of the bank bill itself in court.
• The above does not deny the reality of a no n-trial agreement between the parties and the third party, but the agreement is only effective for the parties and has no effect on the court. However, it is thought that such customs are not widespread in the Macau Special Administrative District.
• Chapter 2 2. Refer to the provision of funds from third parties: legal claims.
• There is no limit on the property of the cost, and if a commission is approved, it is likely to be recovered by a third party (see 2. 1 thir d-party litigation funds).
• The deadline is not applied in the Macau Special Administrative District.
• Collection of unpaid lawyer fees will be seriously collected.

The above does not hinder the solution of an out of agreement with third parties regarding the payment of legal bills, regardless of the bank bill itself in court.

3.8 Requirements for Cost Estimate

The agreement on this issue is invalid because the Macau Special Administrative District's legal system has no provisions on raising funds by third parties in the legal bill. In other sentences, the court issues bills every time in the name of the parties, and only enforce the parties.

The above does not deny the reality of a no n-trial agreement between the parties and the third party, but the agreement is only effective for the parties and has no effect on the court. However, it is thought that such customs are not widespread in the Macau Special Administrative District.

• Chapter 2 2. Refer to the provision of funds from third parties: legal claims.
• There is no limit on the property of the cost, and if a commission is approved, it is likely to be recovered by a third party (see 2. 1 thir d-party litigation funds).
• The deadline is not applied in the Macau Special Administrative District.
• The standard restriction period of the start of civil lawsuits in Sal Macau is 15 years, but some specific rights or rights (rents, interest, dividends, etc.) apply a shorter five years.
• The general factors that determine the jurisdiction of a civil lawsuit as the Macau court are as follows:
• Part or all of the facts that justify the litigation of the litigation were performed in Sal Macau;

4. Pre-trial Proceedings

4.1 Interim Applications/Motions

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• The jurisdiction of Sarah Macau's court in a certain lawsuit depends on other requirements (for example, if debt is fulfilled in Sara Macau, or if the defendant lives in Sara Macau, Has the jurisdiction of the jurisdiction).
• There are special conditions for this, and even if the period has expired, the plaintiff's complaint to the court will not be hindered, and the appropriate obligations will be fulfilled until now. This estimation is canceled only when the debtor is permitted. As a general rule, the restriction period is 6 months (payments related to housing / joint services, food industries, beverage companies, houses / joint services, food industry, beverages only), 2 years (for example, loan, independent specialty It is a loan belonging to the house).
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The defendant is a no n-resident and the plaintiff is a resident, but in the abstract, if the defendant starts the defendant in this jurisdiction of the defendant to the defendant, the residence of the defendant in that country Only when the district court has the jurisdiction of a similar lawsuit.

4.2 Early Judgment Applications

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4.3 Dispositive Motions

The rights or jurisdictions claimed can be realized only by a lawsuit that starts in the Macau Special Administrative District, only in the case of the person or assets involved in the lawsuit and the right of the lawsuit and the jurisdiction. 。

The jurisdiction of Sarah Macau's court in a certain lawsuit depends on other requirements (for example, if debt is fulfilled in Sara Macau, or if the defendant lives in Sara Macau, Has the jurisdiction of the jurisdiction).

• There are special conditions for this, and even if the period has expired, the plaintiff's complaint to the court will not be hindered, and the appropriate obligations will be fulfilled until now. This estimation is canceled only when the debtor is permitted. As a general rule, the restriction period is 6 months (payments related to housing / joint services, food industries, beverage companies, houses / joint services, food industry, beverages only), 2 years (for example, loan, independent specialty It is a loan belonging to the house).
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4.4 Requirements for Interested Parties to Join a Lawsuit

Part or all of the facts that justify the litigation of the litigation were performed in Sal Macau;

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The defendant is a no n-resident and the plaintiff is a resident, but in the abstract, if the defendant starts the defendant in this jurisdiction of the defendant to the defendant, the residence of the defendant in that country Only when the district court has the jurisdiction of a similar lawsuit.

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4.5 Applications for Security for Defendant’s Costs

The rights or jurisdictions claimed can be realized only by the Litigation that starts in the Macau Special Administrative District, only in the case of the person or assets involved in the lawsuit or assets. 。

4.6 Costs of Interim Applications/Motions

The jurisdiction of Sarah Macau's court in a certain lawsuit depends on other requirements (for example, if debt is fulfilled in Sara Macau, or if the defendant lives in Sara Macau, Has the jurisdiction of the jurisdiction).

The Court of the Sal Macau has the right to the Erga Omnes's right to Sal Macau's property, and the exclusive jurisdiction of the case of bankruptcy or unpaid organizations in Sal Macau.

• The parties can adopt an ARTICULADO SUPERVENTE if a precedent is added, corrected, or discarded.
• If the delivery of the mail does not go well, the summoning will be issued in the secretary of the judge, which has jurisdiction over the defendant's address.

4.7 Application/Motion Timeframe

If the defendant's location is not understood, summoning is made using the decision and announcement executed in the official language of the defendant or the Macau Special Administrative District.

The parties have the options to be involved in a court outside of jurisdiction, in which case the court summons the defendant in cooperation with the international treaty applied to the Macau Special Administrative District. If neither is applicable, the defendant will be summoned by mail by double registration. If the defendant's summoning is not possible by mail, it is performed by a horn message (sent by the assistance of the defendant's ship).

If the defendant did not respond to the trial, did not appoint a lawyer or filed any form of lawsuit, the jury was issued according to the standards that were legally approved. Is obliged to confirm first. If a court violation is discovered, the defendant will nominate the defendant again.

5. Discovery

5.1 Discovery and Civil Cases

If the court considers the case of the plaintiff's claimant as follows, they are universally recognized by the applicant (there are certain restrictions), and this is the final discussion and conclusion. It will continue to be presented.

Organizations or funds (their purpose is related to the interests of the issue), the local prosecutor's bureau, and the gentlemen holding the Civil and Political Bureau Code of Civil and Political Bureau begins claims to defend appropriate collective interests or profits that can be presented. Have any opportunity to do:

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{Space} < SPAN> Litigation is started by submitting an invoice. This invoice includes the court, the party (name and residence), and the adopted manufacturing form, and also specify the precedents, legal reasons, applications (requirements), and taxes for claims. It will be done. In this line, the plaintiff will add all the claims of all articles to confirm the precedent, submit a petition for the witness list, and to present other evidence.

5.2 Discovery and Third Parties

The parties can adopt an ARTICULADO SUPERVENTE if a precedent is added, corrected, or discarded.

In principle, if you do not access the reasons for the difference between the invoice and the preparatory document, the defendant is called to the court with the request of the claimant with the help of a double registered mail.

If the delivery of the mail does not go well, the summoning will be issued in the secretary of the judge, which has jurisdiction over the defendant's address.

If the defendant's location is not understood, summoning is made using the decision and announcement executed in the official language of the defendant or the Macau Special Administrative District.

The parties have the options to be involved in a court outside of jurisdiction, in which case the court summons the defendant in cooperation with the international treaty applied to the Macau Special Administrative District. If neither is applicable, the defendant will be summoned by mail by double registration. If the defendant's summoning is not possible by mail, it is performed by a horn message (sent by the assistance of the defendant's ship).

5.3 Discovery in This Jurisdiction

If the defendant did not respond to the trial, did not appoint a lawyer or filed any form of lawsuit, the jury was issued according to the standards that were legally approved. Is obliged to confirm first. If a court violation is discovered, the defendant will nominate the defendant again.

If the court considers the case of the plaintiff's claimant as follows, they are universally recognized by the applicant (there are certain restrictions), and this is the final discussion and conclusion. It will continue to be presented.

5.4 Alternatives to Discovery Mechanisms

If the defendant did not respond to the trial, did not appoint a lawyer or filed any form of lawsuit, the jury was issued according to the standards that were legally approved. Is obliged to confirm first. If a court violation is discovered, the defendant will nominate the defendant again.

5.5 Legal Privilege

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The {Space} litigation is started by submitting an invoice (Petição Inicial). This invoice includes the court, the party (name and residence), and the adopted manufacturing form, and also specify the precedents, legal reasons, applications (requirements), and taxes for claims. It will be done. In this line, the plaintiff will add all the claims of all articles to confirm the precedent, submit a petition for the witness list, and to present other evidence.

5.6 Rules Disallowing Disclosure of a Document

The parties can adopt an ARTICULADO SUPERVENTE if a precedent is added, corrected, or discarded.

• If the delivery of the mail does not go well, the summoning will be issued in the secretary of the judge, which has jurisdiction over the defendant's address.
• The parties have the options to be involved in a court outside of jurisdiction, in which case the court summons the defendant in cooperation with the international treaty applied to the Macau Special Administrative District. If neither is applicable, the defendant will be summoned by mail by double registration. If the defendant's summoning is not possible by mail, it is performed by a horn message (sent by the assistance of the defendant's ship).
• If the court considers the case of the plaintiff's claimant as follows, they are universally recognized by the applicant (there are certain restrictions), and this is the final debate and conclusion. It will continue to be presented.
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6. Injunctive Relief

6.1 Circumstances of Injunctive Relief

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• Quality of life
• Cultural heritage
• Public property
• Protection of products and its consumption
• Providing proposal.
• Losses and rewards in the trial have all the opportunities that lawyers evaluate in advance, depending on the atmosphere of the lawsuit and the acceptable issues.

According to the buyer's wishes, the lawyer still evaluates his remuneration, and its solution depends on many moments as follows:

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time

• Space｝ The complexity of the incident;
• The importance of provided services

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Financial status of stakeholders

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6.2 Arrangements for Obtaining Urgent Injunctive Relief

Obtained results

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6.3 Availability of Injunctive Relief on an Ex Parte Basis

General practice of lawyers

Prior to the lawsuit procedure, the parties have all the opportunities to renew their petitions calling for the adoption of the provisional measures, and there are also opportunities to make a specific or relevant request for the parties in the case. These include the following:

6.4 Liability for Damages for the Applicant

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Submission of auxiliary evidence

6.5 Respondent’s Worldwide Assets and Injunctive Relief

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Practice a conclusion based on a established case that is not set in the court;

6.6 Third Parties and Injunctive Relief

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6.7 Consequences of a Respondent’s Non-compliance

Reject some claims from the other party;

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Space｝ Cord for the abolition of some litigation acts.

7. Trials and Hearings

7.1 Trial Proceedings

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7.2 Case Management Hearings

Apply for the recruitment of other organizations as the aspect of the space.

7.3 Jury Trials in Civil Cases

Specific defense methods include dismissal of arbitrators from the role in the case, hindering discussions, and claiming a legitimate supporter on the opponent or negligence.

After receiving the execution document, if the court thinks that the actual information and confirmation that exists by this stage will allow you to accept the conclusion without any subsequent procedures, There is an option to immediately come up with the conclusions regarding the case of this case.

7.4 Rules That Govern Admission of Evidence

See Section 4. 2 "Application for early conclusions".

In addition, the parties have the opportunity to submit the declaration of early conclusions:

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7.5 Expert Testimony

When one of the parties will survive for three years because of negligence in important actions.

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7.6 Extent to Which Hearings Are Open to the Public

When it is determined that the strength of a specific protected case or event is no longer necessary for the parties.

Participation in a lawsuit should be taken on a specific claim for a plaintiff or a no n-defendant, and the most controlled or preliminary status should be taken than a major parties.

Stakeholders who have a c o-interest with the plaintiffs or defendants have all the opportunities to participate in the company as one of the parties (representatives), due to personal initiative or requested.

The defendant and the third party on the opposite side have the opportunity to own the right to claim compensation, and there are all opportunities to have a reasonable interest, so if the final conclusion is suitable for one of the parties, as a preliminary party. There are all opportunities to participate in the business.

7.7 Level of Intervention by a Judge

The third party still has the option of applying for a lawsuit to exercise the right or or part of the plaintiff's claim and all or part.

Applications to ensure the cost of the defendant are not considered, but they may be satisfied with a specific event.

7.8 General Timeframes for Proceedings

In principle, the parties have proposed that the parties have filed a petition to pay a part of the claims related to the claim, and to respond to claims, appeals, and other ideas.

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• According to the General Rules, the final conclusion must be within 20 days from the end of the final argument, and the other statement / petition conclusions must be made within 10 days. However, in most cases, these conditions are exceeded.

For other specific conclusions, other conditions may be set (for example, 2 months or 15 days, the latter is issued by EX Parte).

8. Settlement

8.1 Court Approval

Both parties may seek an emergency deliberation of the application if the conditions are distinguished from such urgency.

8.2 Settlement of Lawsuits and Confidentiality

Instead, there are specific mechanisms such as witness calling, interrogation, document disclosure request, investigation, and judicial examination.

8.3 Enforcement of Settlement Agreements

However, these systems are not as eradicated as the Common Low countries, nor subordinate. [...]

8.4 Setting Aside Settlement Agreements

The oath statement is performed to get testimony to recognize the other party, but both are verbally performed during the court. < SPAN> Stakeholders who have a joint interest with the plaintiff or defendant have all the opportunities to participate in the company as one of the parties (representatives) due to personal initiative or wishing.

The defendant and the third party on the opposite side have the opportunity to own the right to claim compensation, and there are all opportunities to have a reasonable interest, so if the final conclusion is suitable for one of the parties, as a preliminary party. There are all opportunities to participate in the business.

9. Damages and Judgment

9.1 Awards Available to the Successful Litigant

The third party still has the option of applying for a lawsuit to exercise the right or or part of the plaintiff's claim and all or part.

• In principle, the parties have proposed that the parties have filed a petition to pay a part of the claims related to the claim, and to respond to claims, appeals, and other ideas.
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Space｝ A deposit for the trial (introduced during the purpose of the trial or before the decision).

According to the General Rules, the final conclusion must be within 20 days from the end of the final argument, and the other statement / petition conclusions must be made within 10 days. However, in most cases, these conditions are exceeded.

9.2 Rules Regarding Damages

For other specific conclusions, other conditions may be set (for example, 2 months or 15 days, the latter is issued by EX Parte).

Both parties may seek an emergency deliberation of the application if the conditions are distinguished from such urgency.

Instead, there are specific mechanisms such as witness calling, interrogation, document disclosure request, investigation, and judicial examination.

However, these systems are not as eradicated as the Common Low countries, nor subordinate. [...]

The oath statement is performed to get testimony to recognize the other party, but both are verbally performed during the court. Stakeholders who have a c o-interest with the plaintiffs or defendants have all the opportunities to participate in the company as one of the parties (representatives), due to personal initiative or requested.

• The third party still has the option of applying for a lawsuit to exercise the right or or part of the plaintiff's claim and all or part.
• In principle, the parties have proposed that the parties have filed a petition to pay a part of the claims related to the claim, and to respond to claims, appeals, and other ideas.
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Space｝ A deposit for the trial (introduced during the purpose of the trial or before the decision).

9.3 Pre-judgment and Post-judgment Interest

According to the General Rules, the final conclusion must be within 20 days from the end of the final argument, and the other statement / petition conclusions must be made within 10 days. However, in most cases, these conditions are exceeded.

For other specific conclusions, other conditions may be set (for example, 2 months or 15 days, the latter is issued by EX Parte).

9.4 Enforcement Mechanisms of a Domestic Judgment

Both parties may seek an emergency deliberation of the application if the conditions are distinguished from such urgency.

Instead, there are specific mechanisms such as witness calling, interrogation, document disclosure request, investigation, and judicial examination.

However, these systems are not as eradicated as the Common Low countries, nor subordinate. [...]

• The request for submission of documents can be addressed not only to the parties who do not participate in the lawsuit, but also to other parties or parties. It is necessary to recognize the relationship between documents and the case before the court issues a transfer order to the relevant parties. The refusal of cooperation can be punished by fine without impairing other forced measures. The refusal of the parties is examined by the court in light of the evidence, and in a specific living situation, it may lead to a change in proof liability in relation to a specific case. If the parties say they do not have the required documents, the applicant is responsible for proof that this statement is false.
• Information can be requested from three people who are not designated as the claimant, plaintiff, or defendant. In principle, when making precedents, the parties who are familiar with the precedent and the parties who have evidence must submit evidence and documents in response to the request of the referee.
• The mechanism of evidence disclosure is that it does not affect human physiological or moral integrity and is not considered an infringement of private life, including home, communication, and all other means of communication. ) Is requested and managed by the court.
• In the trial, witness testimony is performed. The witness list has been concluded with the submission of the two parties in consideration of the submission of the two parties in consideration of the submission of the two parties in consideration of the submission of both parties, which will be delivered with the first claim, or the court of submitting the proved precedents and the precedent of the precedent for evidence. Fixed to 30 days before the ruling). Hear). Witnesses are identified by name, occupation, address, and other important cases. The request for submission of documents can be addressed not only to the parties who do not participate in the lawsuit, but also to other parties or parties. It is necessary to recognize the relationship between documents and the case before the court issues a transfer order to the relevant parties. The refusal of cooperation can be punished by fine without impairing other forced measures. The refusal of the parties is examined by the court in light of the evidence, and in a specific living situation, it may lead to a change in proof liability in relation to a specific case. If the parties say they do not have the required documents, the applicant is responsible for proof that this statement is false.

The mechanism of evidence disclosure is that it does not affect human physiological or moral integrity and is not considered an infringement of private life, including home, communication, and all other means of communication. ) Is requested and managed by the court.

• In the trial, witness testimony is performed. The witness list has been concluded with the submission of the two parties in consideration of the submission of the two parties in consideration of the submission of the two parties in consideration of the submission of both parties, which will be delivered with the first claim, or the court of submitting the proved precedents and the precedent of the precedent for evidence. Fixed to 30 days before the ruling). Hear). Witnesses are identified by name, occupation, address, and other important cases.
• If it is found that an important witness is to be added during the hearing, each party may apply to the Court for its admission, which shall be considered at the Court's discretion.
• As a rule, the parties should submit relevant documents together with the relevant ideas, but may submit documents at a later date, possibly subject to the payment of a penalty, without prejudice to the provisions of unfairness.
• Lawyers and some other professionals have legal secrecy. In particular, under the Searle Macau Law, the lawyer-client confidentiality is well protected, and the courts only admit testimony that violates this confidentiality in very limited and exceptional cases. In addition, the Macau Bar Association may, at the voluntary request of a lawyer participating in a case, waive the confidentiality obligation, if justified to protect the rights and legitimate interests of the lawyer or his/her client.
• In terms of privilege, there is no difference between an external lawyer and an internal lawyer, as long as they are lawyers registered with the Macau Bar Association.
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9.5 Enforcement of a Judgment From a Foreign Country

When it may lead to a moral or physical noble violation;

{Membership relationship}

When there is an unacceptable infringement for privacy, home, communication, and other communication;

• It may lead to legal privileges and confidentiality.
• Includes general disclosure of business book books under certain restrictions.
• Certain provisional disposition
• trust
• overview
• Conservation

Temporary maintenance

{Ruise}

• overview
• {Membership}.
• Indefinite temporary injunction order

In addition to the above, stakeholders may request other provisional measures in other (unspecified) forms.

10. Appeal

10.1 Levels of Appeal or Review to a Litigation

The general requirements of the injunction are as follows:

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• {RUCE}
• Regardless of the above, compensation is not allowed if the damage is substantially greater than the damage to be prevented.

10.2 Rules Concerning Appeals of Judgments

The court may allow the provisional measures to be replaced with a deposit that is considered appropriate.

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• {Membership relationship}

When there is an unacceptable infringement for privacy, home, communication, and other communication;

{Membership relationship}

10.3 Procedure for Taking an Appeal

It may lead to legal privileges and confidentiality.

10.4 Issues Considered by the Appeal Court at an Appeal

{Membership qualification}

• In general, the suspension order may be issued in cases where certain rights are significantly impaired and there is a possibility that it is difficult to correct it. In such measures, the court is ruled by the court, such as when stakeholders are trying to forced the debtor's assets with a view to later enforcement. There is an aggressive property, such as trying to get the claim (all or part). The parties may apply for a provisional measure before the ongoing lawsuit procedure or before the trial begins.
• The Macau Special Administrative District Civil Procedure Code stipulates many specific provisional dispositions, including the following:
• Temporary asset returns
• Pause of business decisions

Conservation

• {Ruise}
• overview
• {Membership}.

Work prohibited.

10.5 Court-Imposed Conditions on Granting an Appeal

Indefinite temporary injunction order

In addition to the above, stakeholders may request other provisional measures in other (unspecified) forms.

10.6 Powers of the Appellate Court After an Appeal Hearing

The general requirements of the injunction are as follows:

• Possibility of plaintiffs' rights (Fumus Boni Juris), and
• Possibility of damages (PeriCulum in Mora).
• The court may allow the provisional measures to be replaced with a deposit that is considered appropriate.

11. Costs

11.1 Responsibility for Paying the Costs of Litigation

Macau Special Administrative District may require enforcement measures in relation to foreign court procedures, depending on the existence and conditions of the international treaties or judicial cooperation agreements between related laws. Documents and other materials may be rejected:

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11.2 Factors Considered When Awarding Costs

When it may lead to a moral or physical noble violation;

{Membership relationship}

When there is an unacceptable infringement for privacy, home, communication, and other communication;

11.3 Interest Awarded on Costs

{Membership relationship}

It may lead to legal privileges and confidentiality.

12. Alternative Dispute Resolution (ADR)

12.1 Views of ADR Within the Country

{Membership qualification}

Includes general disclosure of business book books under certain restrictions.

12.2 ADR Within the Legal System

In general, the suspension order may be issued in cases where certain rights are significantly impaired and there is a possibility that it is difficult to correct it. In such measures, the court is ruled by the court, such as when stakeholders are trying to forced the debtor's assets with a view to later enforcement. There is an aggressive property, such as trying to get the claim (all or part). The parties may apply for a provisional measure before the ongoing lawsuit procedure or before the trial begins.

12.3 ADR Institutions

Certain provisional disposition

• trust
• overview
• Conservation

Temporary maintenance

13. Arbitration

13.1 Laws Regarding the Conduct of Arbitration

{Ruise}

• overview
• {Membership}.

Work prohibited.

Indefinite temporary injunction order

13.2 Subject Matters Not Referred to Arbitration

In addition to the above, stakeholders may request other provisional measures in other (unspecified) forms.

• credit
• {RUCE}
• Regardless of the above, compensation is not allowed if the damage is substantially greater than the damage to be prevented.
• Macau Special Administrative District may require enforcement measures in relation to foreign court procedures, depending on the existence and conditions of the international treaties or judicial cooperation agreements between related laws.
• According to the comprehensive rules, the conclusions regarding the stop order are issued two months after the application stage, but in a on e-sided procedure, this period will be reduced to 15 days.

13.3 Circumstances to Challenge an Arbitral Award

According to the comprehensive rules, if the defendant cannot or exist in the hearing, there will be no injunction. In such a case, the conclusion of the court's injunction is accepted by unilateral criteria.

• In the court, the judge did not act with a significant precautions if the clerk's injunction was deemed to have or have no basis due to the applicant's act or failure. If you make a decision, the defendant will pay for damages.
• The Salmacao court has all opportunities to seek and transfer to the court in accordance with its responsibilities in the framework of this proposal. It is justified).
• Under a special living environment, the injunction may be issued in a relationship with a physical or legal organization (third party), which is not considered to be the main party. This happens when the assets to be arrested are in the ownership of a physiological person who is not a debtor. This third party is defendant in the case of an injunction, but does not become a defendant in the case of this proposal. < SPAN> Creating a judicial defense class is urgently performed, and the debate includes at least some wrong acts. The urgent arrangement means that the necessary impacts and hearing are also performed on courts' holidays.
• According to the comprehensive rules, if the defendant cannot or exist in the hearing, there will be no injunction. In such a case, the conclusion of the court's injunction is accepted by unilateral criteria.
• In the court, the judge did not act with a significant precautions if the clerk's injunction was deemed to have or have no basis due to the applicant's act or failure. If you make a decision, the defendant will pay for damages.
• The Salmacao court has all opportunities to seek and transfer to the court in accordance with its responsibilities in the framework of this proposal. It is justified).
• Under a special living environment, the injunction may be issued in a relationship with a physical or legal organization (third party), which is not considered to be the main party. This happens when the assets to be arrested are in the ownership of a physiological person who is not a debtor. This third party is defendant in the case of an injunction, but does not become a defendant in the case of this proposal. Creating a judicial defense class is urgently performed, and the debate includes at least some wrong acts. The urgent arrangement means that the necessary impacts and hearing are also performed on courts' holidays.

According to the comprehensive rules, the conclusions regarding the stop order are issued two months after the application stage, but in a on e-sided procedure, this period will be reduced to 15 days.

13.4 Procedure for Enforcing Domestic and Foreign Arbitration

According to the comprehensive rules, if the defendant cannot or exist in the hearing, there will be no injunction. In such a case, the conclusion of the court's injunction is accepted by unilateral criteria.

Some provisional measures (such as the arrest of property), which are intentionally stipulated in the Civil Procedure Code, are autonomously appointed due to the danger of implementing measures.

In the court, the judge did not act with a significant precautions if the clerk's injunction was deemed to have or have no basis due to the applicant's act or failure. If you make a decision, the defendant will pay for damages.

In other words, regardless of the defendant's intentions, the judge can conclude on the court's injunction on the condition that the applicant provides a warranty.

• The execution of the judicial ban issued by the Salmacao court in a foreign jurisdiction area shall follow the international treaty or agreement on the approval of the judicial cooperation and the approval of the judicial or arbitration concluded between Salmacao and these jurisdictions.
• If you violate the prohibition of the court, you will be charged for criminal liability as a qualified disadvantage and will be fined for two years or less or a fine of 240 days or less.
• The daily allowance is made from 50 Macau Pataka to 10 Macau Pataka, and the court is determined according to the proportional principles and criminal economic conditions.
• The hearing is approved in the Civil Procedure Code, but most decisions are not widely made in Sarah Macau, which is written by the judge. The settlement attempts can be made before the start of the court at the request of the parties or the judge's summoning. The agenda described in the judge's call can be taken up at another stage of the procedure if the parties do not prior a settlement and no agenda is sent.

There is no jury in the Celebration of Sir Macau. Instead, a civil case is first judged by a covers consisting of one judge or three judges, mainly in the importance of the trial.

• All relevant evidence should be presented or required at the stage of writing. The parties r e-revise the opportunity to correct and supplement these requests when the court has already confirmed the fact that the court has already confirmed (after writing, before the trial) and the fact that requires additional evaluation in trial. You can get it. Documents, witnesses, and other evidence can be supplemented during the trial, but there are restrictions.
• The fine of the day is a criminal penalty replacing imprisonment. The fines are at least 10 to 360 days, depending on the type of crime and the characteristics of the crime.
• Article 7 The result of the defendant's defendant default.
• There is no jury in the Celebration of Sir Macau. Instead, a civil case is first subject to a covers consisting of one judge or three judges, mainly in the importance of the trial.
• All relevant evidence should be presented or required at the stage of writing. The parties r e-revise the opportunity to correct and supplement these requests when the court has already confirmed the fact that the court has already confirmed (after writing, before the trial) and the fact that requires additional evaluation in trial. You can get it. Documents, witnesses, and other evidence can be supplemented during the trial, but there are restrictions.
• The fine of the day is a criminal penalty replacing imprisonment. The fines are at least 10 to 360 days, depending on the type of crime and the characteristics of the crime.
• Article 7 The result of the defendant's defendant default.
• There is no jury in the Celebration of Sir Macau. Instead, a civil case is first subject to a covers consisting of one judge or three judges, mainly in the importance of the trial.

In a trial of the most important incident, it is generally determined by a covers consisting of three judges, but if the judge has the right to make its own decision on the procedure, if it is limited. , You can also make a decision on the incident.

All relevant evidence should be presented or required at the stage of writing. The parties r e-revise the opportunity to correct and supplement these requests when the court has already confirmed the fact that the court has already confirmed (after writing, before the trial) and the fact that requires additional evaluation in trial. You can get it. Documents, witnesses, and other evidence can be supplemented during the trial, but there are restrictions.

14. Outlook

14.1 Proposals for Dispute Resolution Reform

Interracting plaintiffs and defendants, interrogation and questions against witnesses, and questions are performed in principle during a trial, unless it is impossible due to circumstances.

Riquito Advogados

The principle of the introduction of evidence is that it cannot be confirmed without the other party's investigation ability.

Trends and Developments

Authors

Court and/ or each parties have a question or question that thinks that it is appropriate to seek specialized judgment and verification that takes advantage of the strengths of highly specialized institutions, and request this verification. There is an opportunity, and one or several experts will be appointed. In this case, experts have no attention to the fact that a report by an expert is made in a no n-judicial way and provided before the start of the trial, and experts have regarded the explanation arising from any questions or reports. , There is an option to be asked for testimony to court during a trial.

Under a specific living situation, the judge has options to use the provision of solutions by two experts.

See Section 1. 3 "Trial Articles and Procedures".

Furthermore, the protocol of the hearing and the hearing will be conducted in writing, but thorough records are not issued and are not saved.

Recording and recording of evidence can be requested by the parties or ordered by the court, but if such testimony is not provided in court, the record is considered indispensable.

Protocols and records are stored in court, usually provided browsing without restrictions for the parties, lawyers, and those who pay reason for, but at that time, viewing damages the ambition and dignity of personal life. It does not harm morality, or the ultimate danger of the last court's conclusion.

The Sarl Macau's legal system was introduced during the 4th century Portuguese rule, and it is thought that hearing will be acceptable under the civil litigation society. Salard Macau is paying a lot of interest in the court's direct duties to ensure harmony and quick progress from the beginning to the end of the trial. In addition to ensuring the legal nature of the parties' litigation, the judge will establish an appropriate precedent, ensure or decide on a lawsuit that considers it is important to make an appropriate trial and end it. This includes the right to make a decision on a lawsuit that may be overturned. The referee also includes the right to adjust the specific standards of the procedure if it is judged that it is sufficient in consideration of the person in the case.

The referee stands in front of the hearing and trial, controls all the impacts of the parties, observes compliance and legalness, and maintains order when needed or considered.

Although the Macau Special Administrative Region Civil Procedure Law allows for strict deadlines for filing a defense, performing legal acts, etc., it does not provide for a cumulative deadline for legal proceedings, and the period may vary due to numerous domestic and foreign legal proceedings.

... Even if the parties reach material agreements during the arbitration session and the circumstances are submitted to the arbitrator for approval, they become part of the proceedings and are therefore subject to the common standards and frameworks set out in Section 1. 3 "Judicial Materials and Procedures" and Section 7. 6 "Degree of Publicity of Hearings" regarding publicity. However, the parties have every opportunity to decide to maintain confidentiality for certain circumstances of the material agreements.

The settlement agreement is enforceable in accordance with the common standards and provisions of the Civil Procedure Law of the Macau Special Administrative Region. The circumstances of enforcement depend on whether all or part of the circumstances of the main agreement have been disclosed to the court. If the matter to be enforced has been approved by the court, enforcement shall be carried out in accordance with the rules on enforcement of judgments, otherwise in accordance with the rules on enforcement of agreements.

The settlement agreement approved by the Tribunal as res judicata is only likely to be set aside by an extraordinary appeal, in which case the agreement in principle shall be invalid as a result of the conclusion based on res judicata.

The above does not prevent the parties from reaching an out-of-court agreement, on the basis of which they agree to resolve the issue that is the subject of the above-mentioned proceedings in another way.

In civil declaratory proceedings, the Tribunal may

declare the existence of a claimant's right or probability;

{declare the existence of a claimant's right or probability. }

Order the defendant or order or implement a legal or contract obligation, or