Macau: Proof and Information About Foreign Law in Macau
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Macau is a jurisdiction of civil law tradition. Although the application of conflict of laws rules is theoretically mandatory, it has been difficult to find a case where a foreign law has been actually applied, either because of lex fori favouritism or some other reasons, since Macau established its own conflict of laws system in December 1999. In Macau, foreign law has a hybrid nature and it is considered as something between “law” and “fact” but more is the former and less is the latter; both the judicial authority and the parties may have the burden to prove the content of foreign law. Although there are many ways to ascertain a foreign law, given the convenience of our digital era, it is submitted that inter-governmental cooperation by online would be the most desirable way to resolve the problem of access to foreign law.