O regime de propriedade da terra em Moçambique

• Autor(a) principal: Lopes, Rafael Temporão Domingues Valente
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/100268
• topic: Direito

The African Law aims to combine the existence of two distinct legal realities. The traditional, based on usages and customs resulting from prolonged and widespread practices with a strong sense of obligation. And the official, based on the legal rules issued by the State. Specific cultures, such as those found in traditional societies in Africa, and specifically in Mozambique, have faced, over the centuries, serious obstacles to the maintenance and development of their practices, namely in what concerns the management of land rights. Whether due to colonial rule or the achievement of independence and the consequent transformation of the state apparatus, policies and laws, traditional societies in Mozambique have been transformed, have become hybrid and have survived these obstacles. Thus, there is the challenge of building a system that promotes not only a non-conflictual coexistence of legal orders, but also a system that is able to guarantee the development of custom. The land represents, in societies strongly marked by economic weakness, lack of resources and malnutrition, the basic means of subsistence for the majority of the population of Mozambique. In the name of the representativeness that is also required from the law, and in the name of the resolution of the serious socio-economic problems that characterize African societies in general, a more inclusive land ownership regime for custom is defended for Mozambique.