Angola Final Advocacy Access Exam cheat sheet
Angola Final Advocacy Access Exam · Keep the key ideas within reach.
Constitutional Law and Fundamental Rights
The Constitution of the Republic of Angola (2010) is the supreme law; laws and acts contrary to it are unconstitutional (art. 6).
Fundamental rights, freedoms and guarantees are directly applicable to public and private entities (art. 28).
Rights may be restricted only by law, for a constitutionally protected purpose, and may never reduce the essential core of the right (art. 56).
The Constitutional Court is the body with competence to review constitutionality and legality, including by concrete review on appeal (arts. 176, 180).
The President of the Republic is elected by universal, direct, secret and periodic suffrage for a term of five years, renewable once (arts. 109, 112).
Angola is a democratic State based on the rule of law, with separation of functions between sovereign organs (arts. 2, 105).
The State recognizes private property and free economic initiative, subject to constitutional limits and the public interest (arts. 89, 90).
A state of emergency or siege may suspend some rights only under constitutional conditions and with Constitutional Court oversight (arts. 58, 59).
Civil Law and Civil Procedure
Legal persons acquire legal personality on registration of incorporation; de facto associations may be treated as irregular entities.
Contract validity requires capacity of the parties, a lawful object, a licit purpose and a valid declaration of consent (arts. 405 ff. Civil Code).
Prescription of ordinary civil claims generally runs in 20 years, with shorter periods for specific matters (e.g., 5 years for rents, 2 years for certain trade debts).
A civil action is filed with the court of the defendant's domicile, except where the law provides special or exclusive jurisdiction.
The ordinary declaratory action follows the common procedure; the summary procedure applies where the value or nature of the claim so requires.
Burden of proof lies on the party who asserts a fact (art. 342 Civil Code); the defendant may raise exceptions and counterclaim.
Appeals are lodged within the legal deadline (typically 30 days for ordinary appeals) before the court that issued the decision.
Res judicata (case judged) bars re-litigation of the same claim between the same parties.
Legal Ethics, Deontology and Professional Practice
The lawyer's profession is regulated by the Statute of the Angolan Bar Association (Ordem dos Advogados de Angola) and its deontological code.
Lawyers must maintain professional secrecy (sigilo profissional), covering facts learned in the exercise of the profession.
A lawyer may not represent conflicting interests or accept a case where a conflict of interest exists.
Advertising and solicitation of clients are restricted; lawyers must preserve the dignity of the profession.
Lawyers must act with diligence, loyalty and independence, and may not accept instructions that breach the law.
Fees are agreed with the client, subject to legal limits and the Bar's fee table; contingency arrangements are regulated.
Disciplinary offenses are sanctioned by the Bar, ranging from warning to suspension or expulsion.
Legal Writing and Drafting
Legal documents must identify the parties, the facts, the legal grounds (fundamentação) and the request (pedido) clearly.
A petition (petição inicial) must state the court, the parties, the facts, the law and the claim, and be signed by the lawyer.
Use precise legal terminology and avoid ambiguity; each fact should be tied to the legal rule it supports.
Number paragraphs for clarity and cite legal provisions by article, law number and date.
The conclusion (pedido) must be determinate and legally possible; contradictory or vague requests risk rejection.
Legal opinions (pareceres) follow a structure: facts, legal issues, analysis, conclusion.
Contracts should define parties, object, price, obligations, term, breach consequences and dispute resolution.
Proofread for consistency of names, dates and amounts; attach documents referred to in the text.