PRIVATE INTERNATIONAL LAW OF CONTRACT IN ANGOLA AND MOZAMBIQUE

Abstract

The Republic of Angola and the Republic of Mozambique are two of five countries on the African continent with Portuguese as an official language (the others being Cabo Verde, Guinea-Bissau and São Tomé and Príncipe). Regarding their independence from Portugal, they share a relatively similar history. In consequence of the Portuguese Carnation Revolution (Revolução dos Cravos), which was initiated 25 April 1974, Angola became independent on 11 November 1975 and Mozambique on 25 June 1975. In order to understand the private international law of contract in force today in these two countries, it is necessary to take a look at the Portuguese law at the time before Angola and Mozambique obtained theirindependence. Portugal is a civil law country, having codified civil law as well as civil procedure law. The codifications extend to private international law. While the Civil Code (Código Civil) contains rules on the law applicable (some other conflict of law rules can be found in special legislation. See Pinheiro Direito Internacional Privado – Introdução e Direito dos Conflitos – Parte Geral 3ed (2014) 241), the Civil Procedure Code (Código de Processo Civil) regulates, inter alia, international jurisdiction and the recognition and enforcement of foreign judgments. The Portuguese legislator used to enact laws in mainland Portugal first and extend their applicability to the then overseas territories (o Ultramar) later. For example, the last reform of the Portuguese Civil Code, which entered into force in the mainland of Portugal 25 November 1966, was extended to Angola and Mozambique as of 1 January 1968, with minor modifications.