ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
3.2 Statutes of Limitations The civil law differentiates between limitation periods according to the kind of liability with regard to the origin of the obligation. The general limitation period for contractual liability is 20 years, but only three years for non- contractual liability. However, in the case of con- tractual liability, the limitations may be shorter in certain cases, such as accommodation or pro- fessional fees. In the case of non-contractual liability, if the fact giving rise to the obligation also constitutes a crime, the criminal statutes of limitations apply. 3.3 Jurisdictional Requirements for a Defendant The jurisdiction of Angolan courts depends on any of the following circumstances: • if the jurisdiction is attributed to Angolan courts by the domestic rules on territorial jurisdiction; • if the facts on which the lawsuit is based were practised in Angola; • if the defendant is foreign and the plaintiff is Angolan, provided that, in reverse, the Ango- lan could be sued by the courts of the foreign country; or • if the effectiveness of the lawsuit is only pos- sible in Angola, provided that there is any personal or material connection with Angola. Following internal territorial rules, jurisdiction should still be attributed to Angolan courts in a lawsuit relating to real estate located in Angola or when the lawsuit action seeks the fulfilment of obligations that must occur in Angola or the payment of compensation. In the case of non- contractual liability, jurisdiction belongs to the court of the place where the unlawful act was committed.
3.4 Initial Complaint The initial complaint must be addressed to the court with jurisdiction, indicating the parties and the form of the proceedings (common or special proceeding); if common, the proceedings may be ordinary or summary. The complaint should describe the subject matter and applicable law, ending with the remedies sought. All documents supporting the alleged subject matter should be lodged alongside the complaint. The plaintiff is also required to file a power of attorney and evidence of the fulfilment of income tax duties (if the claim is related to any activity that is subject to tax payment). If the plaintiff is a corporation, a certificate of incorporation should also be filed, and the evidence of the fulfilment of annual income tax duties is always due. 3.5 Rules of Service The summons is always served by the court, by an official or court clerk when possible. If the defendant is a corporation, the summons shall be served to its legal representative; in excep- tional circumstances, where it is proved that it was not possible to summon the legal repre- sentative, the summons may be served to any company employee. If the summons cannot be served personally due to the whereabouts of the defendant being unknown, it may be made by the publication of edicts. The servicing of defendants residing in a for- eign country is usually by registered letter with acknowledged receipt, unless otherwise pro- vided for in any Convention or Treaty. 3.6 Failure to Respond If the defendant does not reply to the complaint, the facts alleged by the plaintiff are considered proven, provided that they are related to dis- posable rights. Once the facts are considered
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