THE COMMERCIAL ESTABLISHMENT, AS THE OBJECT OF RIGHTS, IN ANGOLA

Abstract

This research studies commercial establishments in Angola, focusing on the analysis (critical and in-depth) their inherent rights and their respective legal framework. Rights relating to commercial establishments are not defined and addressed in an express, objective, and concrete manner in Angolan legislation. Therefore, this situation has been the cause of the existence of some doubtful and controversial issues and of some problems within the legal doctrine and the contracting parties, in cases of leasing and transfer of commercial establishments in Angola. Since the legal framework for the rights in question is obsolete, limited, and ineffective because it does not adequately define or address such rights in light of the country's current legal, economic, business, and social dynamics and context. Faced with this problem, this research proposes some guidelines (theoretical-practical) that can contribute to a better definition and approach to the rights at stake in Angolan law. Therefore, there is a need to update the legal framework on this matter for it to be adjusted to the current legal, economic, business, and social dynamics and context of the country and, consequently, to adequately respond and resolve the issues and problems in question. However, for this research, hypothetical-deductive methods were used; comparative; and descriptive-explanatory; and preliminary bibliographic survey techniques; content analysis; and document analysis. Therefore, it is bibliographic and documentary (in terms of its technical procedures); descriptive and explanatory (in terms of its objectives); qualitative (in terms of its approach); and transversal (in terms of time).