The Civil Code of Angola is composed of five Parts, as follows: I) General provisions; II) Obligations; III) Law of things; IV) Family law; V) Inheritance.
PROPERTY AND REAL RIGHTS. The legal regime for property and other real rights is established under Part III. Rules applicable to possession are laid down articles 1251-1286. Acquisition of property through prescription (adverse possession) is regulated under articles 1287-1301. Article 1308 deals with expropriation upon compensation. Article 1311 and subsequent provisions concern legal actions to protect property rights, including vindictive action. Chapter II regulates the different types of acquisition of property, including contracts, occupation and accession. As to accession, please see article 1339 dealing with sowing or planting with foreign materials: anyone who sows or sows with materials, seeds or plants from others acquires the materials, seeds or plants used, paying the respective value, in addition to the compensation that may be due.
SUCCESSION. Succession by law and by will is regulated under Part V. It is worth mentioning article 2269 which refers to the legacy of agricultural lands. It is stipulated that the legacy of an agricultural land, or of the set of agricultural lands that constitute an economic unit, covers, in the silence of the testator, the constructions made therein, before or after the will, as well as those acquired.
OBLIGATIONS AND CONTRACTS. Part II sets out the legal regime applicable to contractual and non contractual obligations. This Part contains provisions applicable to specific contracts, including sales and lease. The lease of agricultural lands is envisaged. It is stipulated that the provisions that regulate rural leases are applicable to the agricultural partnership agreement (article 11 of Decree Law No. 47344 approving the Civil Code).
WATER. Chapter IV of Part III is entirely devoted to ownership of water and water rights. Article 1385 classifies waters into public waters (regulated by special legislation) and private waters (subject to Civil Code’s provisions). Further, articles 1386 and 1387 specify which waters (including rainwater and lakes) may be considered private waters. In urgent cases of fire or public calamity, the administrative authorities may order the immediate use of any private waters necessary to contain or prevent damages (art. 1388). Specific provisions on water use restrictions, groundwaters and rainwater are laid down under articles 1389-1397. Article 1398 refers to common ownership of waters. Under the provisions on accession (acquisition of property) article 1328 refers to alluvium and avulsion.
ANIMALS. Specific provisions deal with ownership over domestic (and wild) animals. It is worth noticing article 1305, which explicitly refers to animal welfare: the owner of an animal must ensure its well-being and respect the characteristics of each species and observe, in the exercise of their rights, the special provisions relating to the breeding, reproduction, keeping and protection of animals and safeguarding endangered species, whenever required. Article 1322 refers to swarms of bees.
WILDLIFE. Concerning the capture of wild animals, article 1319 refers to special legislation. See also article 1305 above-mentioned, referring to endangered species.