The Private Law Customs Of Macao

Perhaps nowadays customs is not important in our law system, especially in this current situation proposing the rule of law, customs is easy to be rejected by people. But in my opinions, customs have not hindered the progress of the rule of law, on the contrary, customs replenish the corrupt practice of the rule of law and it also brings the positive purport to the law. I believe those that look like detrimental are also beneficial on the other side. For example, the toxins of centipede can kill one's life, at the same time, it can be used as medicine. Therefore, when people approve relatively more of the statute law today, we should find out more the benefits of customs to prefect our statute law. There are not few studies about the private law customs in china, but there are no specialized studies that relate to the Macao private law customs.Since I have the honor to get the high quality education in the law institution of higher education in china, I should do my best to fill up the blank area in china.This paper is divided into three chapters with a final conclusion. The first chapter is about custom overview. It mainly introduces the meaning of custom, its formation process, the comparison between studying custom and the relative concepts, and the discussion of the rationality of using custom as a legal source.The second chapter states the functions of custom. It mainly analyses how custom comes into play in Macao's Civil Code and the functions of custom in legislation and jurisdiction.The third chapter is about the history section of the private law customs of Macao. This part begins with the Portuguese as resider in Macao. And using the significant change of the law of Macao in their period of residence as the point of division, to find out various faces of private law customs of Macao in different history section.These points of division are the Portuguese reside in Macao, Macao being colony ,< Código de Usos e Costumes Chineses> becoming effective,< Código de Usos e Costumes Chineses> abolishment and the begin of"localization of laws". Lastly, conclusion is given in the paper.