Angola Final Advocacy Access Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Supremacy of the Constitution

The Constitution is the supreme law of Angola; any law or act contrary to it is unconstitutional and invalid.

Restriction of fundamental rights

Rights may be restricted only by law, for a constitutionally protected purpose, and never so as to remove the essential core of the right.

Presidential term

The President of Angola is elected by universal, direct and secret suffrage for five years, renewable only once.

Direct applicability of rights

Constitutional rights, freedoms and guarantees bind public and private entities and are directly applicable without need for implementing legislation.

Statute of limitations

The period after which a legal claim or criminal procedure can no longer be pursued, varying with the type of claim or penalty.

Burden of proof

The party who asserts a fact must prove it; the defendant bears the burden for facts that extinguish or modify the claim.

Res judicata

A final court decision that cannot be appealed bars the same parties from litigating the same claim again.

Contract validity requirements

Valid contracts require capacity, a lawful object, a licit purpose and a valid, non-defective declaration of consent.

Legality of crimes

No crime or penalty exists without a prior written law defining it; penal rules are interpreted strictly and cannot be applied by analogy.

Preventive detention

A provisional deprivation of liberty ordered by a judge in exceptional cases, subject to legal deadlines and judicial review.

Presumption of innocence

The accused is presumed innocent until a final conviction, and has the right to silence and to a lawyer at all stages.

Criminal procedure phases

The process typically runs through inquiry, accusation, trial and appeal, with the Public Prosecutor directing the investigation.

Sociedade por quotas

A limited liability company with quotaholders whose liability is limited to their contributions, managed by one or more managers.

Sociedade anónima

A joint-stock company with share capital divided into shares, governed by a general meeting, board of directors and supervisory body.

Constitutive registration

Companies acquire legal personality only upon registration at the Commercial Registry, which is a constitutive act.

Insolvency procedure

A judicial procedure for a debtor unable to meet obligations, providing for reorganization or liquidation under the Insolvency Code.

Probation period

An initial period of the employment contract during which either party may terminate with reduced notice, its length set by law.

Normal working time

The standard working time is generally 40 hours per week and 8 hours per day, subject to legal exceptions and collective agreements.

Annual leave

The paid rest period, generally 22 working days per year, to which the worker is entitled after the qualifying period.

Unlawful dismissal

Termination without a lawful ground or without procedural formalities, entitling the worker to compensation and possible reinstatement.

Administrative act

A unilateral decision of the Administration producing legal effects in an individual case, presumed lawful until annulled.

Audiência do interessado

The prior hearing of the interested party before an administrative decision adversely affecting their rights or interests.

Principle of legality

The Administration must act within the limits of the law and pursue the public interest, being bound by statutory rules.

Public procurement procedures

Procedures such as public tender, limited tender and direct award, chosen according to value thresholds in the procurement law.

Ability to pay

A tax principle holding that taxes are levied according to the taxpayer's economic capacity, alongside legality and equality.

VAT standard rate

The general VAT rate under the Angolan VAT Code is 14%, with reduced and exempt regimes for specified goods and services.

Tax prescription

The period, generally five years from the due date, after which the tax administration can no longer collect a tax debt.

Withholding agent liability

An entity obliged to withhold tax is liable for amounts not withheld or not remitted within the legal deadline.

Marriage property regimes

The patrimonial regime of marriage, with community of acquired property as the default and separation of property as an alternative.

Legitime

The portion of the estate reserved by law to forced heirs, which the deceased cannot freely dispose of by will.

Land registry effect

Registration at the Land Registry is constitutive for the creation, transfer and extinction of rights in rem over immovable property.

Professional secrecy

The lawyer's duty to keep confidential all facts learned in the exercise of the profession, protected by the deontological code.