Gaming and Betting Contracts in the 1999 Macau Civil Code

Abstract

A short study is made of the legal effects of gaming and betting contracts in the context of Macau law, a problem which, in civil law legal systems, is usually addressed by Civil Codes.

Although the issue is regulated in a single article under the Macau Civil Code, the topic is somewhat complex given that is requires conjugation with other possibly applicable norms, namely of administrative law (which may authorize, regulate and tax gaming) and of criminal law (which may forbid it) - this is one of many aspects that gives gaming law an interdisciplinary character.

The Civil Code states that, in the absence of specific provisions, gaming and betting contracts do generate 'natural obligations'. This is clearly a case of a public policy (of not encouraging gambling) being pursued by private law means and instruments. However, this is not satisfactory in the case of casino games of chance and regulated gaming in general, where the legal effect ought to be of civil obligations, a point where Macau law should be updated. In the meantime, one can perhaps affirm that under customary law gaming and betting offered in regulated contexts does generate civil obligations.

Keywords: gaming, gambling, Macau