港澳法视界|澳门法律制度介绍(三)——跨境婚姻和继承的法律适用及认可
Published:
2025-07-11
在该系列的第二篇文章发布后,一些读者以及同仁对澳门与内地的婚姻及继承相关法律和实务的衔接问题表达了强烈兴趣,因此本文将聚焦澳门与内地在婚姻及继承领域的法律适用规则,结合跨境婚姻缔结、离婚效力认定、遗产继承法律适用等典型场景,通过法规解读与真实案例,系统梳理两地法律冲突的表现形式及实务衔接路径。作为澳门法律体系的重要组成部分,婚姻继承制度既延续了欧陆法系的传统特征,又在“一国两制”框架下与内地法律形成独特的互动关系,厘清二者的差异与协调机制,对跨境民商事活动的顺利开展具有重要实践意义。
Introduction to the Legal System of Macao (Ⅲ) - Legal Application and Recognition of Cross border Marriage and Inheritance
在该系列的第二篇文章发布后,一些读者以及同仁对澳门与内地的婚姻及继承相关法律和实务的衔接问题表达了强烈兴趣,因此本文将聚焦澳门与内地在婚姻及继承领域的法律适用规则,结合跨境婚姻缔结、离婚效力认定、遗产继承法律适用等典型场景,通过法规解读与真实案例,系统梳理两地法律冲突的表现形式及实务衔接路径。作为澳门法律体系的重要组成部分,婚姻继承制度既延续了欧陆法系的传统特征,又在“一国两制”框架下与内地法律形成独特的互动关系,厘清二者的差异与协调机制,对跨境民商事活动的顺利开展具有重要实践意义。
After the release of the second article in this series, some readers and colleagues expressed strong interest in the connection between the laws and practices related to marriage and inheritance between Macao and mainland China. Therefore, this article will focus on the legal application rules in the field of marriage and inheritance between Macao and mainland China, combined with typical scenarios such as cross-border marriage formation, divorce effectiveness determination, and inheritance law application. Through regulatory interpretation and real cases, the article will systematically sort out the manifestations and practical connection paths of legal conflicts between the two places. As an important component of the legal system in Macao, the marriage inheritance system not only continues the traditional characteristics of the European legal system, but also forms a unique interactive relationship with mainland laws under the framework of "One Country, Two Systems". Clarifying the differences and coordination mechanisms between the two has important practical significance for the smooth development of cross-border civil and commercial activities.
(摄影:李哲凡)
一、澳门跨境婚姻与继承法律适用的基本原则
Ⅰ. Basic Principles of Cross border Marriage and Inheritance Law Application in Macao
澳门与内地的婚姻继承法律冲突,本质上是不同法律体系对同一法律关系的规范差异,解决冲突的核心在于明确法律适用规则。《澳门民法典》采用“属人法”与“属地法”相结合的原则,对跨境婚姻继承的法律适用作出了系统规定。
The legal conflict of marriage inheritance between Macao and mainland China is essentially the difference in the norms of the same legal relationship under different legal systems. The core of resolving the conflict lies in clarifying the rules of legal application. The Macao Civil Code adopts the principle of combining "personal law" and "territorial law" to systematically regulate the legal application of cross-border marriage inheritance.
(一)婚姻领域
(1)Marriage Field
1. 结婚能力与婚姻协定的法律适用
根据《澳门民法典》第48条规定:“结婚人结婚或订立婚姻协定之能力,受其各自之属人法规范;该属人法亦为确定有关立约人之意思欠缺或瑕疵之制度之准据法。”即,结婚的实质要件(如年龄、亲属关系禁止)及婚姻协议的效力,适用当事人各自的属人法。
1. Legal Application of Marriage Capacity and Marriage Agreement
According to Article 48 of the Macao Civil Code, "the ability of a married person to marry or enter into a marriage agreement shall be governed by their respective personal laws; such personal laws shall also be the governing law for determining the system of deficiencies or defects in the intentions of the contracting parties." That is to say, the substantive requirements of marriage (such as age, prohibition of kinship relations) and the effectiveness of the marriage agreement shall be governed by the personal laws of the parties.
2.结婚方式的法律适用
《澳门民法典》第49条规定:“一、结婚方式受婚姻缔结地法规范,但不影响下款规定之适用。二、在澳门,两名外国人得按照其中任一方国籍国之法律所规定之方式,在有关之领事人员面前结婚。”
结婚的程序要件(如登记、仪式)适用婚姻缔结地法律。在澳门,外国公民可选择本国法律规定的方式在领事官员面前结婚。
2. Legal Application of Marriage Methods
Article 49 of the Macao Civil Code stipulates that: "1. The method of marriage shall be governed by the law of the place where the marriage was concluded, but shall not affect the application of the provisions of the following paragraph. 2. In Macao, two foreigners may marry in front of the relevant consular officers in the manner prescribed by the law of the country of nationality of either party." The procedural elements of marriage (such as registration, ceremony) shall be governed by the law of the place where the marriage was concluded. In Macao, foreign citizens can choose to marry in front of consular officials in accordance with the laws of their own country.
3.夫妻关系的法律适用
《澳门民法典》第50条规定:“一、夫妻间之关系受双方共同常居地法规范,但下条所规定者除外。二、夫妻无同一常居地时,适用与家庭生活有较密切联系地法。”夫妻人身关系(如扶养、同居义务)及财产关系,优先适用共同常居地法;无共同常居地时,适用与家庭生活最密切联系地法。
3. Legal Application of Spousal Relationship
Article 50 of the Macao Civil Code stipulates: "1. The relationship between husband and wife shall be governed by the law of the place of habitual residence of both parties, except as provided in the following article. 2. When husband and wife do not have the same place of habitual residence, the law of the place of habitual residence that is more closely related to family life shall apply." The law of the place of habitual residence shall prevail in the personal relationship (such as maintenance and cohabitation obligations) and property relationship between husband and wife; When there is no common place of habitual residence, the law of the place with the closest connection to family life shall apply.
4. 婚前协议与财产制的法律适用
《澳门民法典》第51条规定:“一、婚前协定之实质及效力,以及法定或约定财产制之实质及效力,均按缔结婚姻时结婚人之常居地法规定。二、结婚人无同一常居地时,适用婚后首个共同居所地法。三、适用之法律为澳门以外之法律,且其中一名结婚人之常居地在澳门地区时,得约定采用本法典容许之任一财产制。”
4. The Legal Application of Pre marital Agreements and Property System
Article 51 of the Macao Civil Code stipulates: "1. The substance and effect of a prenuptial agreement, as well as the substance and effect of a statutory or agreed property system, shall be governed by the law of the habitual residence of the married person at the time of marriage. 2. If the married persons do not have the same habitual residence, the law of the first common residence after marriage shall apply. 3. If the applicable law is a law outside Macao and one of the married persons has their habitual residence in Macao, they may agree to adopt any property system allowed by this Code.
(二)继承领域
(2) Inheritance field
1.法定继承的法律适用
《澳门民法典》第59条采用“同一制”,即动产与不动产继承均适用被继承人死亡时的属人法,但不动产所在地法对物权变动的规定具有优先效力。这一规则与内地 “动产适用被继承人住所地法,不动产适用不动产所在地法”的“区别制”形成对比,可能导致法律适用的冲突。例如,澳门居民在内地有房产,其死亡时若常居地为澳门,根据澳门法,房产继承适用澳门法;但根据内地法,房产继承需适用内地法,此时需通过冲突规范的解释确定准据法。
1. Legal Application of Statutory Inheritance
Article 59 of the Macao Civil Code adopts the "same system", which means that both movable and immovable property inheritance shall be governed by the personal law at the time of the deceased's death, but the provisions of the law of the place where the immovable property is located on changes in property rights shall have priority effect. This rule contrasts with the "differentiation system" in mainland China, which applies the law of the domicile of the deceased to movable property and the law of the place where the immovable property is located to immovable property, and may lead to conflicts in the application of the law. For example, if a Macao resident owns property in mainland China and their habitual residence is Macao at the time of death, according to Macao law, property inheritance is governed by Macao law; But according to mainland law, property inheritance requires the application of mainland law, and the applicable law needs to be determined through the interpretation of conflict norms.
2.遗嘱继承的法律适用
《澳门民法典》第60条及第61条明确了,立遗嘱的能力(如年龄、精神状态)适用立遗嘱时的属人法,且属人法变更不影响已作成遗嘱的废止权(从旧兼从轻原则)。此外,遗嘱解释、意思瑕疵(如欺诈、胁迫)均适用立遗嘱时的属人法,共同遗嘱的合法性亦由属人法判定。
2. Legal Application of Testamentary Inheritance
Article 60 and Article 61 of the Macao Civil Code specify that the ability to make a will (such as age, mental state) shall be governed by the personal law at the time of making the will, and changes in personal law shall not affect the right to annul a will already made (the principle of seniority and leniency). In addition, the interpretation of wills and defects in intent (such as fraud and coercion) are subject to the personal law at the time of making the will, and the legality of joint wills is also determined by personal law.

(摄影:李哲凡)
二、内地法对涉外婚姻与继承的法律适用规定
Ⅱ. The legal application provisions of mainland law on foreign-related marriage and inheritance
(一)婚姻家庭
(1) Marriage and Family
《中华人民共和国涉外民事关系法律适用法》第三章聚焦婚姻家庭关系的法律适用规则,以属人法为核心原则,同时兼顾行为地法和最密切联系原则,突出对弱者权益的保护。
其中,结婚条件优先适用当事人共同经常居所地法律,无共同经常居所地则适用共同国籍国法律,若双方既无共同居所也无共同国籍且在一方居所地或国籍国缔结婚姻,则适用婚姻缔结地法律;结婚手续符合婚姻缔结地、一方经常居所地或国籍国法律之一即有效,体现形式要件的宽松性。夫妻人身关系和财产关系分别以共同经常居所地或共同国籍国法律为基本原则,财产关系允许当事人协议选择适用一方经常居所地、国籍国或主要财产所在地法律。
离婚方面,协议离婚可选择适用一方经常居所地或国籍国法律,无选择时依次适用共同经常居所地、共同国籍国或办理离婚手续机构所在地法律,而诉讼离婚直接适用法院地法律。父母子女关系以共同经常居所地法律为优先,无共同居所时适用有利于保护弱者权益的法律。
Chapter Three of the Law of the People's Republic of China on the Application of Law in Foreign related Civil Relations focuses on the legal application rules of marriage and family relations, with personal law as the core principle, while taking into account the law of the place of conduct and the principle of the closest connection, highlighting the protection of the rights and interests of the weak.
Among them, the conditions for marriage shall be subject to the law of the common habitual residence of the parties. If there is no common habitual residence, the law of the common nationality country shall apply. If both parties have neither a common residence nor a common nationality and have entered into marriage in one party's place of residence or nationality country, the law of the place where the marriage was concluded shall apply; Marriage procedures that comply with one of the laws of the place of marriage, the habitual residence of one party, or the country of nationality are valid, reflecting the flexibility of formal requirements. The personal and property relations between spouses are based on the basic principles of the laws of their common habitual residence or common nationality country, respectively. Property relations allow the parties to agree to apply the laws of one party's habitual residence, nationality country, or main property location.
In terms of divorce, an agreement divorce can choose to apply the laws of one party's habitual residence or nationality country. If there is no choice, the laws of the common habitual residence, common nationality country, or the location of the institution handling the divorce procedures shall be applied in sequence, while a lawsuit divorce shall directly apply the laws of the court's jurisdiction. The law of the common habitual residence shall prevail in the relationship between parents and children, and when there is no common residence, the law that is conducive to protecting the rights and interests of the weak shall apply.
(二)继承关系
(2) Inheritance Relationship
《中华人民共和国涉外民事关系法律适用法》第四章继承关系的法律适用以区分动产与不动产为基础,法定继承原则上适用被继承人死亡时经常居所地法律,但不动产法定继承专属适用不动产所在地法律。遗嘱继承在形式和效力上体现灵活性,遗嘱方式符合立遗嘱时或死亡时经常居所地、国籍国或遗嘱行为地法律之一即有效,遗嘱效力可选择适用立遗嘱时或死亡时经常居所地或国籍国法律,以最大限度尊重遗嘱人意愿。遗产管理等事项适用遗产所在地法律,无人继承遗产的归属则根据被继承人死亡时遗产所在地法律确定。
Chapter 4 of the Law of the People's Republic of China on the Application of Law in Foreign related Civil Relations: The legal application of inheritance relationships is based on distinguishing between movable and immovable property. The principle of statutory inheritance is to apply the law of the habitual residence of the deceased at the time of death, but the law of the place where the immovable property is located is exclusively applicable to statutory inheritance of immovable property. Testamentary inheritance demonstrates flexibility in form and effectiveness. A will that conforms to one of the laws of the habitual residence, country of nationality, or place of testamentary act at the time of making the will or death is considered valid. The effectiveness of a will can choose to apply the laws of the habitual residence or country of nationality at the time of making the will or death, in order to respect the will of the testator to the greatest extent possible. The management of the estate and other matters shall be governed by the laws of the place where the estate is located, and the ownership of the estate without heirs shall be determined according to the laws of the place where the estate is located at the time of the death of the deceased.

(摄影:李哲凡)
三、澳门与内地民商事判决的互认
Ⅲ. Mutual recognition of civil and commercial judgments between Macao and mainland China
2006年4月1日生效的《最高人民法院关于内地与澳门特别行政区关于相互认可和执行民商事判决的安排》旨在规范内地与澳门特别行政区法院相互认可和执行民商事判决的程序与规则。该安排的核心内容包括:适用范围涵盖内地与澳门的民商事案件(含劳动争议及劳动民事案件)以及刑事案件中的民事损害赔偿判决、裁定,但不包括行政案件;“判决” 在内地包括判决、裁定、决定、调解书、支付令,在澳门包括裁判、判决、确认和解的裁定、法官的决定或批示。
在管辖法院方面,内地由被申请人住所地、经常居住地或财产所在地的中级人民法院受理申请,澳门由中级法院负责认可、初级法院负责执行。申请人需提交包含当事人信息、判决详情及执行情况的申请书,并附生效判决书副本、送达证明、诉讼行为能力证明等文件,中文译本需经法院或公证机构认证。被请求方法院审查后,若存在专属管辖、平行诉讼、程序违法、判决未生效或违反公共秩序等情形,可裁定不予认可。
执行程序上,被申请人在两地均有财产时,申请人可向一地法院申请执行,同时向另一地法院申请财产保全,两地执行总额不得超过判决确定的数额。经认可的判决与被请求方法院判决具有同等效力,可直接申请执行,部分请求亦可单独认可。此外,安排还规定了财产保全措施、诉讼费用减免、文书免除认证等便利机制,并明确生效前判决的申请期限及争议解决方式。
The Supreme People's Court's Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region, which came into effect on April 1, 2006, aims to standardize the procedures and rules for mutual recognition and enforcement of civil and commercial judgments between the courts of the Mainland and the Macao Special Administrative Region. The core content of this arrangement includes: the scope of application covers civil and commercial cases (including labor disputes and labor civil cases) between mainland China and Macao, as well as civil damage compensation judgments and rulings in criminal cases, but does not include administrative cases; The term 'judgment' in mainland China includes judgments, rulings, decisions, mediation agreements, and payment orders, while in Macao it includes judgments, rulings, rulings confirming settlements, and decisions or instructions of judges.
In terms of jurisdictional courts, in mainland China, the application is accepted by the intermediate people's court of the respondent's domicile, habitual residence, or property location, while in Macao, the intermediate court is responsible for recognition and the primary court is responsible for enforcement. The applicant shall submit an application form containing information about the parties involved, details of the judgment, and the execution situation, and attach a copy of the effective judgment, proof of service, proof of litigation capacity, and other documents. The Chinese translation shall be certified by the court or notary public. After review by the requested court, if there are situations such as exclusive jurisdiction, parallel litigation, procedural violations, ineffective judgments, or violations of public order, it may be ruled not to recognize.
In terms of execution procedures, when the respondent has property in both places, the applicant may apply for execution to one court and also apply for property preservation to another court. The total amount of execution in both places shall not exceed the amount determined by the judgment. The recognized judgment has the same legal effect as the court judgment of the requested party, and can be directly applied for enforcement. Some requests can also be recognized separately. In addition, the arrangement also stipulates convenient mechanisms such as property preservation measures, reduction of litigation costs, and exemption from document authentication, and clarifies the application deadline and dispute resolution method for judgments before they take effect.
四、典型案例解析
Ⅳ. Typical Case Analysis
(一)曹某、田某离婚后财产纠纷案[(2021)粤04民再51号]
(1) Mr. Cao and Miss Tian's property dispute case after divorce
曹某(澳门居民)与田某在澳门登记结婚,婚前协定采用 “一般共同财产制”,约定常居地为澳门。婚后两人经澳门法院判决离婚,田某起诉分割两处房产:珠海房产:曹某婚前购买,登记在曹某名下;上海房产:婚姻存续期间以曹某名义购买的房改房,源于曹某父母的承租权,购买时享受父母工龄等优惠,田某曾出具委托书同意登记在曹某名下。
在夫妻财产关系方面,因双方约定常居地为澳门,适用澳门法律;财产分割适用法院地(内地)法律。珠海房产根据《澳门民法典》“一般共同财产制”(夫妻现有及将来财产均属共同财产),认定为共同财产,应平均分割,由曹某向田某补偿一半价值(1309699.50 元)。上海房产属房改房,源于曹某父母的承租权及福利优惠,应认定为父母对曹某的个人赠与,田某出具委托书同意登记在曹某名下,视为认可其个人所有,故不属共同财产,不予分割。
最终再审法院改判仅分割珠海房产,上海房产归曹某个人所有。
Mr.Cao (a resident of Macao) and Miss. Tian registered their marriage in Macao, and the prenuptial agreement adopted the "general joint property system", stipulating that their habitual residence was in Macao. After marriage, the two were divorced by a Macao court. Miss. Tian filed a lawsuit to divide two properties: Zhuhai property, purchased by Mr. Cao before marriage and registered under Mr. Cao's name; Shanghai Real Estate: The house reform property purchased in the name of Mr. Cao during the marriage period originated from the leasing rights of Mr. Cao's parents, and enjoyed preferential treatment such as parental seniority at the time of purchase. Miss.Tian had previously issued a power of attorney agreeing to register it under Mr. Cao's name.
In terms of marital property relations, as both parties have agreed to reside in Macao, Macao law shall apply; The division of property shall be governed by the laws of the court's jurisdiction (mainland China). According to the "General Joint Property System" of the Macao Civil Code, real estate in Zhuhai is recognized as joint property and should be divided equally. Mr. Cao will compensate Miss. Tian with half of the value (1309699.50 yuan). The Shanghai property belongs to the housing reform housing, which originated from the leasing rights and welfare benefits of Mr. Cao's parents. It should be recognized as a personal gift from the parents to Mr. Cao. Miss. Tian issued a power of attorney to agree to register it under Mr. Cao's name, which is considered as recognition of his personal ownership. Therefore, it does not belong to joint property and cannot be divided.
The final retrial court changed the verdict to only divide the property in Zhuhai, and the property in Shanghai belongs to Mr. Cao.
(二)徐某雄申请认可澳门法院离婚判决案
(2) Mr. Xu applies for recognition of Macao court's divorce judgment case
2013年11月 ,澳门特别行政区初级法院作出民事判决,确认古某对澳门居民徐某雄提起通常宣告程序,徐某雄获传唤后由本人出庭应诉,判处解除双方在内地订立的婚姻关系等。2013年11月,该判决转为确定判决。徐某雄向内地法院申请认可该离婚判决。
广州市中级人民法院认为,澳门初级法院判决宣告解除古某与澳门居民徐某雄的婚姻关系,不违反内地法律的基本原则和社会公共利益,符合《最高人民法院关于内地与澳门特别行政区相互认可和执行民商事判决的安排》的》有关规定,故认可澳门初级法院古某与徐某雄离婚判决的法律效力。
In November 2013, the Basic Court of the Macao Special Administrative Region made a civil judgment confirming that Miss. Gu had initiated the usual declaration procedure against Macao resident Mr. Xu. Mr. Xu was summoned to appear in court and was sentenced to terminate the marriage relationship between the two parties in mainland China. In November 2013, the judgment was converted into a final judgment. Mr. Xu applied to the mainland court for recognition of the divorce judgment.
The Guangzhou Intermediate People's Court believes that the judgment of the Macao Primary Court to terminate the marriage relationship between Miss. Gu and Mr. Xu, a resident of Macao, does not violate the basic principles of mainland law and the public interest, and complies with the relevant provisions of the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region". Therefore, it recognizes the legal effect of the divorce judgment of Miss. Gu and Mr. Xu by the Macao Primary Court.
(三)李某遗产判决认可案
(3) Mr. Li's Estate Judgment Recognition Case
李某系澳门居民,其按份享有位于广州市天河区一套房产的1/4份额。李某去世后,其妻子徐某、儿子小李向广州市中级人民法院申请认可澳门特别行政区初级法院作出的财产分割判决,该判决确认徐某、小李及另一继承人大李(系李某与其前妻的儿子)共同继承案涉房产李某名下1/4份额的业权,并明确三方各占三分之一份额。
广州市中级人民法院经审查认为,根据《最高人民法院关于内地与澳门特别行政区相互认可和执行民商事判决的安排》相关规定,案涉澳门法院民事判决程序合法,不存在该安排第十一条规定的不予认可的情形,且内容不违反内地法律及公序良俗,故依法裁定认可其法律效力,涉案房产的1/4业权由徐某、小李、大李各享有三分之一份额。
(载于广州市中级人民法院公众号《跨境司法协助典型案例》)
Mr. Li is a resident of Macao and enjoys a 1/4 share of a property located in Tianhe District, Guangzhou. After the death of Mr. Li, his wife Xu and son Xiao Li applied to the Guangzhou Intermediate People's Court for recognition of the property division judgment made by the Macao Special Administrative Region Primary Court. The judgment confirmed that Miss. Xu, Xiao Li, and another inheritor Mr. Li (the son of Mr. Li and his ex-wife) jointly inherited 1/4 of the property under Mr. Li's name, and clarified that each party held one-third of the share.
The Guangzhou Intermediate People's Court, after examination, believes that according to the relevant provisions of the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region", the civil judgment procedure of the Macao court involved in the case is legal, there is no situation of non recognition as stipulated in Article 11 of the arrangement, and the content does not violate mainland laws and public order and good customs. Therefore, the court has ruled to recognize its legal effect in accordance with the law. Miss. Xu, Xiao Li, and Da Li each share one-third of the ownership of the property involved.
五、实务操作中的核心问题与应对策略
Ⅴ. Core Issues and Coping Strategies in Practical Operations
(一)文件公证与认证
(1) Notarization and authentication of documents
跨境婚姻继承的实务操作中,文件的公证与认证是确保法律效力的前提。根据澳门法律规定,内地出具的婚姻状况证明、亲属关系证明等文件,需经 “中国委托公证人” 公证后,再由中国法律服务(澳门)公司转递,方可在澳门产生效力;同理,澳门出具的文件需经澳门民事登记局公证,并经内地省级外事部门认证后,方可在内地使用。
例如,澳门居民继承内地房产时,需向内地法院提交经认证的澳门民事登记局出具的亲属关系证明、被继承人死亡证明等文件,否则可能因证据形式瑕疵影响继承程序的推进。
In the practical operation of cross-border marriage inheritance, notarization and authentication of documents are prerequisites for ensuring legal effectiveness. According to Macao law, documents such as marriage status certificates and family relationship certificates issued by mainland China must be notarized by a "Chinese appointed notary public" and then transmitted by China Legal Services (Macao) Company before they can take effect in Macao; Similarly, documents issued in Macao must be notarized by the Macao Civil Registration Office and authenticated by provincial foreign affairs departments in mainland China before they can be used in mainland China. For example, when Macao residents inherit property in mainland China, they need to submit certified documents such as proof of kinship issued by the Macao Civil Registration Office and proof of the deceased's death to the mainland court. Otherwise, the progress of the inheritance process may be affected due to flaws in the form of evidence.
(二)特留份的保障与救济
(2) Guarantee and Relief of Special Reservation
特留份是澳门继承制度的核心权益,跨境继承中需特别注意特留份的保障。若被继承人通过遗嘱或生前赠与规避特留份义务,继承人可依据《澳门民法典》第 1994 条,向澳门法院主张相关行为无效,并要求将财产纳入遗产分割。例如,被继承人生前将澳门房产赠与他人,导致配偶特留份不足的,配偶可在知道或应当知道权利受侵害之日起 3 年内(诉讼时效)提起诉讼,请求撤销赠与并恢复房产的遗产地位。
Special reservation is the core right of Macao's inheritance system, and special attention should be paid to the protection of special reservation in cross-border inheritance. If the deceased evades the obligation of special reservation through a will or a gift before death, the heir may, in accordance with Article 1994 of the Macao Civil Code, claim the invalidity of the relevant act to the Macao court and request that the property be included in the estate division. For example, if the deceased gives Macao property to another person before their death, resulting in insufficient retention by the spouse, the spouse may file a lawsuit within 3 years (statute of limitations) from the date they knew or should have known that their rights were infringed, requesting the revocation of the gift and restoration of the property's inheritance status.
(三)事实婚伴侣的继承权认定
(3) Determination of Inheritance Rights for Factual Marriage Partners
澳门承认事实婚伴侣的继承权,但需满足严格的认定条件:双方需以夫妻名义公开同居满4年,且不存在婚姻障碍(如一方已有配偶)。跨境实务中,事实婚伴侣需提供同居证明(如租赁合同、水电缴费记录、亲友证言等),向澳门法院申请确认事实婚关系,方可主张继承权。例如,内地居民与澳门居民在澳门同居 5 年,未办理结婚登记,若一方去世,另一方需向澳门法院提交同居证据,经确认后可作为第三顺序继承人继承遗产。
Macao recognizes the inheritance rights of couples in de facto marriages, but strict recognition conditions must be met: both parties must have lived together publicly in the name of husband and wife for at least 4 years, and there are no marital barriers (such as one party already having a spouse). In cross-border practice, de facto marriage partners need to provide proof of cohabitation (such as lease contracts, water and electricity payment records, family and friend testimonies, etc.) and apply to the Macao court to confirm the de facto marriage relationship before claiming inheritance rights. For example, if a mainland resident and a Macao resident cohabit in Macao for 5 years without registering their marriage, and one party passes away, the other party needs to submit evidence of cohabitation to the Macao court. After confirmation, they can inherit the estate as a third party inheritor.
六、结语
Ⅵ. Conclusion
在粤港澳大湾区融合发展的背景下,跨境婚姻继承的法律需求日益增长,当事人需精准把握两地法律规则的差异,善用公证认证程序与司法协助机制,必要时委托熟悉两地法律的专业人士提供服务,方能有效防范法律风险,确保权益的合法实现。
In the context of the integrated development of the Guangdong Hong Kong Macao Greater Bay Area, the legal demand for cross-border marriage inheritance is increasing day by day. Parties need to accurately grasp the differences in legal rules between the two regions, make good use of notarization and authentication procedures and judicial assistance mechanisms, and entrust professionals familiar with the laws of both regions to provide services when necessary, in order to effectively prevent legal risks and ensure the legitimate realization of rights and interests.
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