The Código Civil Decreto-Lei 47 344/1966 has applied in Mozambique since 1968 and has been amended, including by Decreto-Lei 2/2021. Contract law covers agreements, performance, breach, damages, penalties and security such as mortgages. The Código Comercial applies where a relationship is primarily commercial, while employment, criminal and consumer-protection questions belong mainly to their respective legal areas. Property law requires special care because land belongs to the State and cannot be sold, mortgaged or seized as private land. A DUAT, meaning a land-use right, can arise through occupation under local customary rules or through administrative authorisation. Serviços de Cadastro handle land titles, while the Conservatória do Registo Predial records relevant rights and changes. Buildings and improvements may be transferred under the applicable rules, and community consultation can affect land procedures. Lei 22/2019 Lei da Família regulates civil, religious and traditional marriage, união de facto, parental responsibility, maintenance, separation, divorce and adoption. Traditional marriages can have civil effects when the legal requirements are met and the event is recorded or transcribed by the Conservatória. Lei 23/2019 governs succession and replaced Livro V of the Código Civil. It regulates heirs, legacies, the protected share for close family members, inheritance of DUAT rights and the distribution of an estate. Civil liability can require compensation when an unlawful act, fault and damage are connected. Contractual non-performance can also create liability, and the debtor's fault is generally presumed in that context. Compensation may restore the damaged situation or take the form of money; contributory fault can reduce or exclude recovery. A civil damages claim generally has a three-year limitation period from knowledge of the damage and responsible party, subject to the applicable ordinary limitation rules. Civil proceedings use the Código de Processo Civil, based on Decreto-Lei 44 129/1961 as amended. A claimant normally needs a suitable court action, legal standing, service of the other party and evidence. The courts can order interim protection, issue judgments and hear appeals. Tribunais Comunitários address small civil conflicts and some customary family disputes, generally beginning with reconciliation and applying equity, common sense and justice; a disagreement or referral can bring the matter before a district judicial court. Lei 8/2024 establishes a framework for electronic judicial processes. Enforcement requires a título executivo, meaning an enforceable document or decision. The court can order payment, seizure of eligible assets through penhora, sale or allocation of assets and payment according to legal priority. Debtors and third parties may have opposition rights, and exemptions and special rules apply to marital property, co-ownership and property held by others. Land itself remains subject to the State-ownership regime, so enforcement involving DUAT rights, buildings or registered improvements needs case-specific analysis. Registration, certificates, authenticated documents and reliable evidence often determine whether a right can be proved in practice, while geographic access to formal services remains uneven.
Civil law in Mozambique
Civil law in Mozambique governs legal relationships between private persons and organisations, including contracts, property, family matters, inheritance, liability and civil disputes. Mozambique follows a civil-law system based mainly on the Constitution, the Código Civil and specific laws such as Lei da Família and Lei das Sucessões. Registration offices, courts, notaries, land authorities and community courts handle different parts of these relationships.
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