The legal system of Macau is broadly based on Portuguese law and so belongs to the civil law tradition of continental Europe. Portuguese law is itself strongly influenced by German law, and Macau also shows influences from Chinese law, Italian law and a few narrow aspects of common law. The legal codes are written in Portuguese. The apex of the system is the Basic Law of the Macau Special Administrative Region, approved under the Sino-Portuguese Joint Declaration and article 31 of the Constitution of China, which has constitutional rank within Macau. The system was not substantially changed by the 1999 transfer of power from Portugal to China, because the sources of law in force before the transfer continued to apply. Legislation is the main source of law, set out in five classic codes, the Civil Code, the Commercial Code, the Civil Procedure Code, the Penal Code and the Criminal Procedure Code. The courts are structured in three levels, headed by a Court of Final Appeal.
Facts
Use of Juries Primary Source of Law Connections
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Source Legal system of Macau (Wikipedia)LeadQuote, Lead
Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems.
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1. Legal system of Macau (Wikipedia)
Judicial system
Trial by jury is foreseen in the law, but is not used.
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.
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Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems.
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