ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS
8. Settlement 8.1 Court Approval
in advance to the court. The winning party is also awarded a fee corresponding to forensic representation fees; however, this amount is cal- culated according to legal criteria and does not usually correspond to the amounts actually paid to lawyers. If the parties have previously agreed an amount to be paid as legal fees, this is the amount to be awarded to the winning party. If success is only partial, these awards should be attributed in proportion to that success. 9.2 Rules Regarding Damages The general rule is that damages should be paid in such a way as to reinstate the offended party as if their right had not been violated. This com- pensation comprises the gains that the offended party failed to obtain as a normal consequence of the offence. Compensation must also cover moral damage, where it exists. Civil liability exists, regardless of fault, when someone charges someone else on a particu- lar commission, for the damage caused by the commissioner, provided that the commissioner also has an obligation to compensate. Where liability is based on mere fault, compen- sation may be set at a lower value than the dam - age caused, subject to specific circumstances. The indemnity resulting from a traffic accident or damage caused by gas or power installations, when the responsible person is not at fault (ie, liability is based on the interest or risk of the activity), has certain limits established by law, according to the kind of consequences and the number of people injured.
The parties are free to settle the case at any stage of the court proceedings. If they do so, the settlement agreement is subject to subsequent approval by the court, which will be awarded unless the settlement agreement violates any principles of public interest. 8.2 Settlement of Lawsuits and Confidentiality The court-approved agreement is part of the judgment and is therefore not considered con- fidential. However, the court may keep it confi- dential, at the request of the parties, if there are justified reasons for doing so. 8.3 Enforcement of Settlement Agreements Settlement agreements approved by the court may be enforced in the same way as any other court judgment. 8.4 Setting Aside Settlement Agreements Once approved by the court, the settlement agreements have the same value as a judgment; however, they may be annulled or declared null and void under the same terms as other acts or contracts of the same kind by legal action to that effect. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant A successful litigant must be reinstated to their previous position, either in kind or in compensa- tion. The costs of the proceedings shall be borne by the unsuccessful party, and the winning party shall be reimbursed for the amounts it has paid
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