论澳门对域外民商事判决的承认与执行

Recognition and Enforcement of Non-local Civil and Commercial Judgments in Macao

自1999年回归以后,澳门就成为了中国境内一个独立的法律区域,并且建立起了一套属于自己的独特承认与执行域外判决的体系。通过系统性地研究澳门法律中设定的承认与执行域外判决的条件和实证性地研究回归前后的判例发现,域外判决想要在澳门得到承认和执行并不难。澳门对域外判决的这种开明态度无疑有益于它的贸易伙伴和周边邻近地区,对于未来在大中华地区构建统一的判决承认和执行体系也大有裨益。

Since the handover of sovereignty to China,Macao has become an independent legal district and established its own regime on recognition and enforcement of non-local judgments.Due to historic reasons and as in many other areas of law,the new Macao regime,however,has basically followed suit of its predecessor i.e.the previously applicable Portuguese one despite some changes which have normally been made for more liberal but not necessarily for better.A systematic research on the conditions set in Macao law for recognition and enforcement of non-local judgments demonstrates that those conditions are usually not difficult to be met and the unique approach for burden of proof regarding those conditions makes recognition and enforcement of non-local judgments even easier,which can be evidenced by the fact that few non-local judgments have so far been refused in Macao.This liberal attitude of Macao towards non-local judgments is certainly beneficial to its trading partners and neighbouring regions and particularly helpful for constructing a unified system on recognition and enforcement of judgments among Great China Area in the future.