MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
regard to specific issues where no points of law are raised. When legal representation is not mandatory, the parties can represent themselves or be repre- sented by a trainee lawyer. 2. Litigation Funding 2.1 Third-Party Litigation Funding According to Macau SAR procedural rules, the proceedings’ relevant party shall be responsible for the payment of court fees and expenses, and the transferal of payment liability for court costs and expenses is not foreseen. As such, neither a specific regime for third-party funding, nor a legal entity as a third-party funder is provided for in law. However, payment may be settled by other individuals or entities at the last day for voluntary payment. Enforcement of unpaid court bills shall be brought against the responsible party. The above-mentioned does not hinder out-of- court contractual arrangements with third parties in respect of the payment of court bills, despite note being enforceable vis-à-vis the court. 2.2 Third-Party Funding: Lawsuits There are no provisions in the Macau SAR legal system regarding third-party funding of litigation and, consequently, any agreement on the matter will not be effective vis-à-vis the court. In other words, the court will always issue the bill to the name of one of the parties to the plea and will enforce the bill against that party only. The above does not prejudice the validity of out- of-court agreements between either party with third parties, but these will only be effective vis-
à-vis such parties, not the court. However, it is not a common practice in Macau SAR. On the other hand, the law allows a third party to settle an outstanding court fees bill, without the consent of the party responsible to it. In such case, unless such payment was in bath faith, the third party is legally entitled to be reimbursed by the responsible party. 2.3 Third-Party Funding for Plaintiff and Defendant See 2.2 Third-Party Funding: Lawsuits . 2.4 Minimum and Maximum Amounts of Third-Party Funding See 2.2 Third-Party Funding: Lawsuits . 2.5 Types of Costs Considered Under Third-Party Funding There is no limit as to the nature of the costs that can be settled by a third party, when that pay- ment is allowed (see 2.1 Third-Party Litigation Funding ). 2.6 Contingency Fees Contingency fees are not applicable to the Macau SAR jurisdiction. 2.7 Time Limit for Obtaining Third-Party Funding Time limits are not applicable to the Macau SAR jurisdiction.
3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
Pre-action conduct is not imposed by civil pro- cedural rules unless required by statute, such as when a creditor seeks performance of a certain obligation (in which case the creditor must serve
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