Mozambique Transport Law I
Author: Almeida Machava, Manuel Januário da Costa Gomes, Catarina Salgado (Coords.)
Year: 2024
Synopsis: As part of the fruitful cooperation between the Faculty of Law of the University of Lisbon and the Faculty of Law of the Eduardo Mondlane University, the two schools have launched a project to prepare and publish a volume on “Transport Law in Mozambique”. […]
Author: Paulino Lukamba, Manuel Januário da Costa Gomes (Coords.)
Year: 2020
Synopsis: The collective work that is now in print is one of the visible effects of an initiative carried out in collaboration by the Faculty of Law of the University of Lisbon and the Faculty of Law of the Katyavala Bwila University in Benguela, which resulted in the organisation of a Master’s Degree in Transport Law – I Master’s Degree in Transport Law [….]
The Institutionalisation of Traditional Power in Angola
Author: João Valeriano
Year: 2020
Synopsis: The text now published is the result of an exhaustive effort by its Author, sometimes in particularly adverse circumstances, due to academic duties as a teacher in Angola and the logistical difficulties of accessing documentary and bibliographic sources, revealing the seriousness of an investigation and the dedication of a research that suffered and revealed great labour. […]
Angolan land law
Author: Raúl Carlos de Freitas Rodrigues
Year: 2019
Synopsis: The work is essentially based on four strands. In the first section, the author studies the background to Angolan land law in the colonial period and in the revolutionary period after Angola’s independence. In the second section, the author examines the land reality in the context of the Second Republic, after Law 21-C/92. In the third section, the author studies the legal regime contained in the current Land Law. Finally, in the fourth section, the author examines the new legal institutes revealed by the current land legal regime and how the respective rights can be enforced on a regular basis. […]
The Protection of Consumers of Financial Products and Services in Mozambican Law
Author: Augusto Paulino
Year: 2017
Synopsis: The issue of consumer protection is a long-standing one, falling within the more general theme of protecting the weaker party, which is particularly acute in mass contracting, a phenomenon inherent to mass consumption and the so-called consumer society, the result of a long historical process of growth, modernisation and concentration of companies, multiplication of increasingly sophisticated and complex products and services, contributing to the accentuation of differences and imbalances between those with economic power and information and the poor and lay people. That’s why consumer protection is clearly still on the agenda, not only prompting legislative initiatives justified by the incessant socio-economic transformations, but also attracting a great deal of interest among legal scholars. […]
Constitutionality Monitoring System in Cape Verde
Author: Simão António Alves Santos
Year: 2017
Synopsis: “… the publication of this monograph – the first entirely dedicated in Cape Verde to the review of constitutionality – bears witness to its promising existence. The work that is now being published corresponds to the Master’s dissertation in Law defended with all the brilliance of Master Simão António Alves Santos, on 23 January 2016, at the University of Mindelo, offering Cape Verdean legal letters a high-level treatment of one of the great chapters of Constitutional Law, that relating to the guarantee of the Constitution. […]
Material Community Law and Sub- Regional Integration – ARegional Integration – Contribution to the Study of Changes in the Process of Economic and Monetary Integration in West Africa
Author: João Mendes Pereira
Year: 2017
Synopsis: João Mendes Pereira’s book is the first complete and systematised approach in Portuguese to the institutional and economic framework of West African integration. It is a solid work, detailing the evolution of the process from the late 1950s to the present day and outlining the contours of its current stage, as well as the challenges it faces. It will be an invaluable guide for scholars of EU law and students of legal and economic subjects, as well as for political and economic decision-makers, not only in Africa, but also in other integration experiences – especially in Europe – who can draw useful inspiration and guidance from it [….]
Taxation of Foreign Investment in Guinea-Bissau
Author: Gabriel Ambrósio Umabano
Year: 2017
Synopsis: The dissertation by Dr Gabriel Ambrósio Umabano, entitled “The taxation of foreign investment in Guinea-Bissau”, and now published, was presented and defended at the Faculty of Law of the University of Lisbon.
In it, the author analyses the Guinean regime for the taxation of passive income and also of permanent establishments located in the territory of Guinea-Bissau. It is an exhaustive and critical analysis of the unilateral regime and the regime arising from the double taxation agreement between Guinea-Bissau and Portugal.
The author identifies the aspects of the current regime that hinder the attraction of investment and the collection of tax revenue.
revenue. He also proposes legislative solutions that would better fulfil the objectives of a fiscal policy suited to Guinea-Bissau’s budgetary and economic situation. […]
The Arbitration Convention in Angolan Law
Author: Lino Diamvutu
Year: 2016
Synopsis: Lino Diamvutu’s name is well known in voluntary arbitration circles in Angola and Portugal, as he is the author of several publications, including Lei da Arbitragem Voluntária (Angola), Comentada, written in partnership with Manuel Gonçalves and Sofia Vale. As the subject of his Master’s Dissertation in Civil Law, he chose The Arbitration Convention in Angolan Law, a work which has now been published and which we have the pleasure of prefacing. All the aspects relating to this legal figure, to which the Angolan legislator dedicated Chapter 1.All aspects of this legal figure, to which the Angolan legislature dedicated Chapter 1 of the Voluntary Arbitration Law (lav), are analysed in detail, also using the legislation, case law and doctrine of other countries, in particular Portugal, Brazil, France and Belgium (but also Germany, Italy, Switzerland and the United Kingdom), and related international instruments. This use is made from a critical perspective of positive law, giving solidity to the exposition and opening up horizons for the reader. […]
Author: Eugénio Moreira
Year: 2015
Synopsis: The book appears as a large panel in which the Guinean reality is presented to us, regarding the issue of social security (…) Naturally, the book is not limited to what is normally considered the scope of social security, but brings us a rich investigation into the forms of social and religious solidarity characteristic in general of the African continent (…) The author expresses his sympathy for these forms of organisation, but contrasts vividly with the selfishness and individualism of developed societies.) The author expresses his sympathy for these forms of organisation, which contrast vividly with the selfishness and individualism of more developed societies, but does not fail to underline their inadequacy, stressing the need for intervention by the state and international organisations in order to properly cover the problems of social security and health (…)….] Eugénio Moreira’s book is an important service to the Guinean state, due to the thoughtful and courageous way in which its conclusions are presented, while at the same time containing a wealth of valuable information for European readers and scholars.
Business between the company and the partners in OHADA law
Author: Samora Ilídio Delgado Sampa
Year: 2014
Synopsis: The importance of the subject speaks for itself: in addition to the specific features of the regime enshrined in the OHADA Uniform Act regarding business between the company and its shareholders, the issue of monitoring the actions of company directors or managers, in particular – but not only – according to their or controlling shareholders’ appetite for gaining advantages to the detriment of the company, the (other) shareholders and the company’s creditors, is one of the areas of greatest interest in today’s Company Law, an interest largely fuelled by the identification, often belatedly, of numerous situations of manifest abuse. The author does not confine himself to the study of the specific regime of business between the company and the shareholders, as regulated in the Uniform Act, but rather places the issues and problems within the broader framework of private law in general and commercial law in particular, with frequent “incursions” into civil law and banking law. In between, the author tackles important company law issues such as capacity, the withdrawal of legal personality, the status of the partner, the position of the company’s creditors, shareholder loans, etc. […]
Mandatory precedence in Angolan administrative litigation
Author: João Damião
Year: 2014
Synopsis: It is with special and intense satisfaction that I write this preface to A precedência obrigatória no contencioso administrativo angolano. Contributo para a criação de um Contencioso Administrativo adequado ao Estado de Direito, by the now Master João Damião. In fact, with the most competent jurists facing multiple demands from a professional point of view, investing years in preparing master’s dissertations or doctoral theses can appear to them, in a short-term analysis, as an option that is not worth investing in. Master João Damião’s reading of this bet seems to be exactly the opposite, as indicated by his status as a doctoral student in Law at the Faculty of Law of the University of Lisbon, under the guidance of Professor Marcelo Rebelo de Sousa, with whom the author introduces himself in the opening pages of this work. The merit of having passed this rite of initiation is his alone. […]
Petroleum Law – A Lusophone perspective
Coordinator: Dário Moura Vicente
Year: 2013
Synopsis: This volume brings together various studies on the subject of oil law. A common feature of all of them is the fact that they are the result of teaching and research carried out by their authors in Angola and Portugal, especially that which has been carried out within the framework of the co-operation established between the Faculty of Law of the University of Lisbon and the Faculty of Law of the Agostinho Neto University. Despite the enormous importance it has recently gained in several Portuguese-speaking countries – particularly Angola – oil law is still a relatively unexplored area of legal science. This is the fundamental reason for publishing this collection.
Oil and its derivatives today account for a very substantial part of the gross domestic product of several of these countries, particularly Angola, Brazil and East Timor. Even Portugal, which has no known oil resources, has long since equipped itself with an internationally important refining industry. A large part of the energy consumed in these countries also comes from these products. It is therefore not surprising that they are among the goods that weigh most heavily on these countries’ trade balances. The prospect of their depletion, even if only in the long term, and the growth in demand for them have led to a constant increase in their value and, consequently, the importance of their contribution to national economies. […]
Judicial control of public administration in Guinea-Bissau
Author: João Biague
Year: 2013
Synopsis: In this book, João Biague reflects, both iure condito and iure condendo, on the system of judicial control of the administration in his country: Guinea-Bissau. As the book makes clear, Guinea-Bissau’s Administrative Litigation is still insufficiently structured and for the time being is more a result of the semantics of scattered and not always reconcilable legislative texts than of a dense and stabilised praxis. […]
This book represents a serious contribution to the real implementation in Guinea Bissau of an effective system of administrative judicial protection, built with parsimony and realism. We can only hope that the Bissau legislature will soon be able to take the necessary steps to overcome the current imbroglio over the institutional seat of the exercise of administrative justice and that the Guinean legal order will now have a law on administrative procedure, an essential normative requirement for the effectiveness of judicial protection. […]
Mozambique’s Property Rights (2nd edition)
Author: Rui Pinto
Year: 2012
Synopsis: This is a great service to legal culture. We believe this is the first book to take a scientific approach to the subject. It thus has the great merit of laying the foundations where there was nothing, taking risks as is the duty of those who teach, but providing everyone with a secure base of support. Mozambican Property Rights is the result of several years teaching Property Rights at the Faculty of Law of the University of Lisbon between 1992 and 1995, and at the Faculty of Law of the Eduardo Mondlane University in Maputo, as part of our co-operation mission in Mozambique at the service of the Faculty of Law of the University of Lisbon between 1997 and 1999. This book is both a help and a contribution. It helps law students with the way it is organised, so that they can find the information they need more quickly. I contribute to the Mozambican colleagues with whom we have had the honour of working, through reflections on topics such as the role of registration or possession in Mozambique, or how accession works in terms of use and enjoyment. In any case, let’s at least take away from Mozambican Real Property Rights the usefulness of contributions made with the aim of shedding light on what is unknown and always remember the Latin maxim that only Labourando vinces. […]
Author: Salvatore Mancuso
Year: 2012
Synopsis: Salvatore Mancuso’s work reveals his passion for Africa and the study of its law, which has led him not only to collect the testimony of the Italian tradition of jus-African studies, but also to place it, as a lecturer at the University of Macau, on one of the most interesting “new frontiers” of globalisation: the growing relations between China and Africa, whose encounter between the two legal cultures also constitutes a new frontier of law in general and of comparison in particular. Professor Marco Guadagni. This is why, in our view, a balance must be found within the OHADA framework between the desirable unity and the irrepressible diversity of the rights of its member states: it is important to eliminate unnecessary obstacles to the movement of people and goods and to foreign investment, as well as to promote legal certainty and security in multi-localised legal relations; but without this leading national legal systems to lose their own individuality and become mischaracterised. This book by Salvatore Mancuso, in which the OHADA Uniform Acts are correctly placed in the context of the problem of legal pluralism in Africa and which does not lack an interesting reflection on the role of customary law in the regulation of contracts on this continent, is undoubtedly an important contribution to the realisation of these goals. […]
The Civil Liability of Company Directors in Mozambique
Author: Styler Marroquim
Year: 2011
Synopsis: The liability of directors is thus an excellent way of containing companies within the margins of the law. In addition, it operates as a sensitive area on the basis of which the rules relating to corporate governance are perfected. In the current historical moment, marked by globalisation, the weakness of international markets and the difficulties in establishing global regulation, all this takes on added weight. Mozambique, due to the hard-working generosity of its people, the extent and richness of its territory and the pivotal position it occupies at the crossroads of cultures and traditions, has established itself as an unavoidable pole in the Portuguese-speaking systems and in Southern Africa. Served by a legal system that is constantly improving and by a generation of young scientists, Mozambican law expresses the synthesis of the values that intersect within it. In this light, we warmly welcome the work of Master Stayleir Marroquim, now in print. The theme is timely. The work is developed in sustained terms, in the complex but attractive interweaving of company law and civil liability law. The basic intricacies of Mozambican law are played out in terms that are fundamental to the future of jurisprudence. […]
Invention and Construction of Guinea-Bissau
Author: António E. Duarte Silva
Year: 2010
Synopsis: With this work, the author not only reaffirms his position as a leading expert on Guinea-Bissau in the political, constitutional and socio-legal spheres: the book is also an expression of the restlessness of someone who loves Guinea and believed in its future, and who is perplexed by the turbulence of the young state’s journey. […] If, like Penelope’s web, the book tirelessly retraces the threads that, since the end of the 19th century, have come together to make Guinea-Bissau what it is today and have intertwined in the conditioning of its “fragilities and misfortunes”, the truth is that it is not just a matter of mourning lost horizons. More than a cloth for weeping, the web is an attempt to map out ways out of the vortex, a way out to a new, redemptive stage of peace and progress. However voluntaristic it may be, this is a hope that cannot be rejected. But if it is to be realised, hope must take into account the obstacles and know how to overcome them. […]
Human Rights and their Protection Mechanisms
Author: Marcolino Moco
Year: 2010
Synopsis: Master Marcolino Moco’s monograph on human rights and their protection mechanisms is, it should be emphasised, both an academic work of undeniable scientific seriousness and a testimony to the civic maturity of an African man clearly committed to creating conditions of peace and development for the African continent. In fact, taking into account Master Marcolino Moco’s previous professional career and his effective knowledge of political decision-making mechanisms at the highest level, the choice of theme and the option for the promotion and defence of human rights at this stage of his life have a particular significance that cannot fail to be highlighted and praised. At the same time, the fact that this is a work in the field of Public International Law, when the choice of these subjects is usually residual among Angolan jurists, cannot fail to be emphasised. In fact, despite its unavoidable theoretical importance, but also its practical importance for a state in formation and affirmation in the sub-regional, regional African and international space such as Angola, few jurists want to venture into the fields of international law or even have the open-mindedness to be surprised by its specificities and potential. With the monograph Human Rights and their Protection Mechanisms. The particularities of the African system, a significant gap has been filled in the legal library dedicated to the protection of human rights in Africa, with particular emphasis on analysing the African Charter on Human and Peoples’ Rights. […]
Protecting the Rights of Shareholders in Mergers, Spin-offs and Transformations of Companies
Author: Domingos Salvador André Baxe
Year: 2010
Synopsis: In this book, André Baxe tackles some of the most difficult problems in company law. Because the field of these vicissitudes is one of those in which the most varied vectors converge, the position of the partners versus that of the company or companies, the social interest and the protection of minorities, the nature of succession and the diversities in the very figures included in each case… On all this, the doctrinal perplexities do not make it easy to take a position. He does so in a clear style, supported by a vast specialised bibliography which implies that he has dedicated himself intensely to the subject. He demonstrates an ability to penetrate the relevant issues. He therefore deserves praise for having managed to correctly equate the problems and bring his contribution to the improvement of solutions. We should also add that he does so with balance and common sense. […]
Legislative Authorisations and Parliamentary Control of Authorised Decree Laws – The Angolan Case
Author: Adão de Almeida
Year: 2009
Synopsis: Legislative authorisations are one of the most interesting legal-constitutional institutes in the relationship between governments and parliaments. In other words, in the functioning of systems of government. In a democracy, they represent much of what is meant by the division of powers – in other words, their separation and interdependence – and therefore the overall limitation of political power and the effective guarantee of fundamental rights. In addition, of course, to the pursuit of ends, security, justice and economic, social and cultural well-being. In other words, getting to know this institute – in its nominal proclamation and in its practice – opens the way to gauging the experience of the system of democratic government itself, its capacity for affirmation and consolidation. This, then, is an additional reason to welcome the task that Master Adão Correia de Almeida has undertaken: to scientifically consolidate a theoretical and practical enquiry that can and should illuminate relevant paths for Angolan constitutionalism in the present and the future. The University is, by definition, universal in its vocation and in its freedom of search and creation. But it always sinks its roots into a concrete society, whose challenges it cannot ignore or minimise. It is this salutary bridge between the universal and the national that this dissertation seeks to establish. At the right time. In the way that corresponds to the author’s portrait. […]
Author: Raúl Carlos de Freitas Rodrigues
Year: 2009
Synopsis: Raúl Rodrigues embarks on a wide-ranging exposition in which he focuses on the main chapters of Consumer Law. It is based, of course, on Angolan law, because a study of law has to be localised, but it shows a remarkable knowledge of general developments in other legal systems. Particularly noteworthy is his mastery of the legal and doctrinal sources in Portugal and Brazil, which he refers to aptly, overcoming the obvious difficulties in accessing the texts. In this sense, his study goes beyond the value of the contribution it makes to the knowledge and analysis of the Angolan situation, and also represents a contribution to legal dialogue and coordination between the legal systems of Portuguese-speaking countries. This is another noteworthy aspect of his work. The author does not limit himself to a mere exposition of Angola’s Consumer Defence Law (LDC). He tries to capture its meaning, tackling the technical and ethical problems that contribute to its framework. It manifests this in the very identification of this branch of law as Consumer Law and not Consumer Law. We applaud this because we must not forget that the vulnerability of the consumer is at the very origin of the formation of this branch of law; but that the author makes a distinction between hyposufficiency and vulnerability, because there can be vulnerability where there is no hyposufficiency, and these situations must also be understood within the scope of Consumer Law. […]
Lending and Bank Liability in Mozambican Law
Author: Augusto Paulino
Year: 2009
Synopsis: The subject, which is very complex and sensitive, is of great scientific dignity and of the utmost practical use. When the dissertation was being discussed, the financial crisis we are currently immersed in had not yet occurred, but there were already many doubts and perplexities about the evolution of the banking system. They are echoed, to some extent, right in the introduction when the author, after mentioning the importance of granting credit not only to companies but also to individuals, with a view to social integration and economic growth, reveals his concern about the new financial products that seem to be one of the reasons that led him to start his research. If it wasn’t already difficult to prove him right at the time, more recent events have clearly shown the relevance of the choice of topic, at a time when it is increasingly necessary for jurists to deal with a subject that obviously invites reflection by economists, philosophers and sociologists. […]
Cape Verde Criminal Procedure Law
Author: Augusto Silva Dias, Jorge Carlos Fonseca
Year: 2009
Synopsis: “… The texts published here, although they are all summaries, are different in terms of their physical dimension. Some are more developed and extensive than others, some are fuller of notes and quotations than others. But regardless of their size and theoretical development, they all seek to cover, in the guise of summaries, the fundamental issues of Cape Verdean criminal procedure. The organisers of this volume therefore hope that this edition will make a useful contribution both in general to scholars of criminal procedural law and, above all, to those who are more closely involved, in one way or another… with the criminal procedure of the Lusophone countries that are undeniably linked by a similar or even common legal and cultural matrix – and in particular Cape Verde…” […]
Guarantees of obligations in Guinean and OHADA law
Author: Cláudia Madaleno
Year: 2009
Synopsis: Dr Cláudia Madaleno was, for five years, an Assistant Professor at the Faculty of Law of Bissau, within the framework of cooperation between this Faculty and the Faculty of Law of the University of Lisbon. In the context of teaching “Law of Guarantees” at that Faculty, the author had to integrate the OHADA Uniform Act on the Organisation of Guarantees, which, although it was already in force in Guinea-Bissau at the time, was not only not studied, but was not applied, and was even unknown to the Guinean legal community. The study of the Uniform Act regime therefore had to be articulated with the study of the guarantees regime in force in Guinea-Bissau at the time of the entry into force of the uniform law text. This work demonstrates the author’s pedagogical concerns in a country with profound deficiencies in terms of learning and study conditions. These concerns give the work added merit, as the author has shown that she is capable of fully integrating herself into the social and academic environment where she served, leaving a very important mark of her time in the discipline and at the Bissau Law Faculty. […]
Angolan Administrative Litigation Law
Author: Cremildo Paca
Year: 2014
Synopsis: Dr Cremildo Paca has devoted much of his tireless scientific and academic work to the subjects of Administrative Law and Administrative Procedural Law. The present Lessons in Administrative Litigation Law are a suggestive example of this labour, attesting to research, a concern for listing the essential issues, a desire to keep up to date, realism in weighing up the challenges posed to the Angolan legal system, and, not least of all, pedagogical quality (both in the arrangement of the topics and in the clarity of their approach). The publication of these lessons, which are pioneering and promising, is therefore welcome. Promising, I mean, since the author is soon to complete his master’s degree in Legal and Political Sciences, a favourable opportunity to confirm the expectations raised and which deserve a proper scientific follow-up. May it be realised – I sincerely hope so. Finally, a word is due to the commitment of all those who made this edition possible, within the framework of the Legal Co-operation between the Faculty of Law of the University of Lisbon and the Faculty of Law of the Agostinho Neto University. I would like to thank them all in the person of Professor Manuel Januário da Costa Gomes, who has put so much effort into this and countless other publications. […]
Amnesty in Guinea-Bissau – A Lusophone Look
Author: João Pedro Campos
Year: 2008
Synopsis: The debate in criminal doctrine on amnesty is undoubtedly important for outlining the contours of the institute, but it must not be forgotten that its foundation and scope is essentially political and – not insignificantly – political-criminal. In fact, amnesty has always been intended, and still is today, to achieve certain goals, namely social pacification and reconciliation. This is why there is an insurmountable limit to the suitability and effectiveness of amnesty: it must not be aimed at crimes whose institutional oblivion could, with a reasonable degree of probability, provoke general feelings of insecurity, disbelief or loss of confidence in the unharmed validity of the goods and legal rules that protect them, otherwise it would deny itself by denying the aforementioned aims. The exercise of grace must be anything but a gratuitous, arbitrary and capricious activity. This edition of the work on the amnesty process in Guinea-Bissau, recently developed by the Centre for Studies and Support for Legislative Reforms at the Faculty of Law in Bissau, in partnership with the United Nations Office for Peacebuilding Support in Guinea-Bissau (UNOGBIS) and the National People’s Assembly, is the culmination of the intense collaboration between the Faculty of Law and UNOGBIS. […]
Author: Ana Comoane
Year: 2007
Synopsis: The interest of this dissertation stems, firstly, from the vast amount of information on the current problem of international tourism and Mozambican perspectives on this issue and the concern to treat it from a comparative perspective, seeking to draw the lessons that are appropriate. More important, however, is the in-depth reflection on the issues that arise, in favour of an option that tries to reconcile economic growth with the preservation of the environment, within a sustainable development model. On the other hand, the subject has the clear advantage of being placed at the centre of modern conceptions and experiences of economic development, based on a re-dimensioning of the role of public investment and an appeal to international private investment. […]
Rule of Law. The zero paradigm: Between liposuction and dispensability
Author: E. Kafft Costa
Year: 2007
Synopsis: This work will certainly go down in the annals of juspublicist doctrine in Portuguese. […] Choosing the principle of the rule of law as developed by sectors of contemporary Western European doctrine as his central topic, the author argues that there are no conditions for its sincere and efficient transposition to the soil of a state such as Guinea-Bissau today. In order to have a minimum chance of putting them into practice in a consistent manner, the constitutional programme and the ideal representations must be limited to less ambitious levels than those usually proclaimed. […] As is inevitable, not every passage in a work in which the framework of legal theory is centred on events in contemporary history that are open to conflicting views will always meet with the agreement of every reader. However, without prejudice to occasional disagreements, we must conclude that we are dealing with a work whose importance will be recognised in the future. It represents an undeniable contribution to the syncretic legal vision capable of integrating African national rights into the phenomenon of the globalisation of essential legal values without undermining the presence of specific socio-cultural factors capable of maintaining their authenticity and effectiveness. On the other hand, it reflects – in very strong existential terms – the tenacious search for a solution to the crisis of identity and project of the generations in Africa that followed those who led the national liberation struggles and the search for the basis for a reunion of these peoples with themselves in an environment of peace and progress. […]
The application of labour law in public employment relations
Author: Paulo Daniel Comoane
Year: 2007
Synopsis: The importance of this book needs no justification. Due to its theme, its topicality and its treatment of legal elements, “The Application of Labour Law in Public Employment Relations” is a fundamental work for understanding the paths and metamorphoses of the Mozambican state. Thus, the paradigms of individual labour law must be understood in the light of a specific consideration of the status of state agents and officials. The current issues of the privatisation of public law and the publicisation of private law are particularly important in this context. On the other hand, this book does not limit itself to questioning and resolving dogmatic problems, but contains precise indications for problems in Mozambican legal practice. Finally, the last chapter gives the reader important clues for thinking about the paths ahead for the Mozambican legislator, reflections that are particularly topical when important reforms of labour legislation and public administration are being prepared. […]
The transfer of the company under Mozambican labour law
Author: Duarte da Conceição Casimiro
Year: 2006
Synopsis: A complex subject that straddles the boundaries between labour law and commercial law, the transfer of a company or establishment is of obvious importance from both a theoretical and practical point of view. The centrality that the concept of the company has acquired in modern private, economic and tax law poses delicate legal problems for labour law, which are examined here in a succinct and concise manner. Theoretical problems cannot be dissociated from Mozambican business reality. And, in fact, it is the consideration of Mozambican legislation, in the light of its jurisprudential practice, that serves as a guide in assessing the legal regime of the transfer of the company or establishment, especially its effects on individual and collective labour relations. Legal science is increasingly universal. The special weight of Portuguese commercial and labour law doctrine should be emphasised, in a work that appears to be a fundamental piece of future Mozambican privatisation legal science. […]
Unilateral termination of an employment contract with just cause
Author: Tomás Luís Timbane
Year: 2006
Synopsis: (…) The work in question, in addition to being an indispensable element of study of the labour contract regime in Mozambique, especially with regard to the termination of the contract by decision of the employer based on just subjective cause, gives an insight into the jurisprudential situation and the difficulties resulting from the application of the Mozambican Labour Law, related to some deficiencies of this law which, although recent (1998) and generally well drafted, needs – as the author shows – some improvements. In order to study the termination of the employment contract in the Mozambican legal system, it is therefore essential to read Dr Tomás Timbane’s thesis, in which, in addition to the general issues related to the termination of the employment contract – comparing with Portuguese and Brazilian law – he presents a complete explanation of the Mozambican system in the light of the law in force and critically discusses the legal distinction between dismissal and termination with just cause. It should be noted that the thesis demonstrates an adequate knowledge of the specific problems of the labour contract in Mozambican society, rigorously examining the legal solutions. The work that is now being published not only dignifies the Faculty of Law where the dissertation was presented and discussed, but also represents a milestone of great importance for the beginning of the dogmatic treatment of labour issues in Mozambique, contributing to a better understanding of the regime and its possible improvement. […]
Guinean Public Law
Author: Filipe Falcão Oliveira
Year: 2005
Synopsis: (…) The book demonstrates both an adequate knowledge of the main constitutional systems and their projection in Africa. It contains valuable references to Guinea-Bissau’s institutions before and after independence. And it rigorously examines the local authority model, economic regulation, the state business sector and other areas of importance for the country’s development, as well as guarantees for private individuals (for example in terms of enforcing judgements against the public administration). It also presents and gives legal substance to an initial framework for administrative activity, in a context dominated by colonial legislation. Without detracting from the study of the specificities of Africa in general and Guinea in particular, Dr Filipe Falcão Oliveira maintains primary and central references to Portuguese doctrine and draws parallels between Guinean and Portuguese law at every step, highlighting the differences. The author also makes extensive incursions into the constitutionalism of the other Portuguese-speaking countries. […]
The distribution of resources between the state and local authorities in the Guinean legal system
Author: Eugénio Moreira
Year: 2005
Synopsis: The work that is now being published has, above all, the merit of reflecting on a reality – that of Guinea-Bissau – that is little known and little worked on, and not even the fact that it was completed in 2000 detracts from its topicality, given that the instability of the political situation in the country has made it impossible to make any significant changes to the data with which the author has worked. If, as I said, this is a study with a strong component of analysing the Guinean reality, it is inevitable that, at least in one of its parts, it is strongly descriptive. I don’t believe, however, that this detracts from the interest or quality of the work, but it seems to me that this is a necessary starting point for any reflection on public finance. The reflection conducted here has to do with one of the major issues facing states today, which is to determine the ideal degree of decentralisation, particularly in terms of revenue sharing, although also, and necessarily, in terms of public spending. […]
Of the bank deposit contract
Author: José Ibraímo Abudo
Year: 2004
Synopsis: The publication of a monograph on the bank deposit contract is always acclaimed by Portuguese-speaking privatists. A hot topic in the daily lives of communities, in the courts and in legal and scientific research institutes, the bank deposit gives shape to the living law of our times. We live in an environment of private law reform. The Brazilian Civil Code of 10 January 2002 reconstructed an entire regulatory fabric, unifying the country’s private law. Important initiatives are underway in Mozambique and are underway in Portugal. Similar movements have taken place in Macao and Cape Verde, and are planned for Angola, Timor and Guinea. In short: the great family of Portuguese-speaking private rights is preparing itself in the best possible way to lead the communities of the new century that we are all about to go through. By combining public functions of the highest level with the advanced study of law and in-depth meditation on legal issues, Dr JOSÉ IBRAIMO ABUDO has become a credit to the important exchange between his private law brethren. Also of great interest are the timely references he makes to Muslim law, whose cultural and practical role will continue to grow. […]