The Regulation of Gaming and Betting Contracts in the 1999 Macau Civil Code

The Regulation of Gaming and Betting Contracts in the 1999 Macau Civil Code

Abstract

GAMING LAW REVIEW Volume 11, Number 5, 2007 ©Mary Ann Liebert, Inc. DOI: 10.1089/glr.2007.11505 The Regulation of Gaming and Betting Contracts in the 1999 Macau Civil Code JORGE A. F. GODINHO 1999 MACAU CIVIL CODE’S1 specific regulation of gaming and betting from the perspective of the law of obligations2 consists of just one single article. Located in Chapter XIII (“Gaming and Betting”) of Title II (“Of Contracts in Special”) of Book II (“The Law of Obligations”), the law provides: HE T The first issue—whether gaming and betting arrangements are recognized as valid by the legal system and generate judicially enforceable obligations—involves delineating the cases in Article 1171 (Legal effect) 1. Gaming and betting shall be sources of civil obligations whenever special laws provide to such effect, and, as well, in sports competitions in relation to those persons taking part in them; otherwise, if lawful, gaming and betting merely shall be a source of natural obligations. 2. If there has been fraud in its execution, the contract shall not produce any effect to the benefit of a person who practiced it. 3. Special laws on matters regulated in this chapter shall not be affected.3 It is apparent that the