База данных по гендерной проблематике и правам на землю

Mozambique

Наследование/ правовые механизмы

In Mozambique, succession is based on a patrilineal system supplemented by the Tax Code on Succession and Gifts (2007) and in some provisions in other statutes, such as the Land Law (1997) and the Family Law (2004).

The Constitution adopted in 1975, amended and supplemented in 1990 and in 2004:

  • Article 83, Right of Inheritance: The State recognises and guarantees, in accordance with the law, the right of inheritance (10).

The new Family Law of 2004:

  • In the old Family Law, spouses were fourth in line for inheritance after children, parents and brothers (16).
  • Article 109 of the new Family Law stipulates that both spouses are equally entitled to half the goods purchased together after the dissolution of marriage caused by death or other reasons (12). However, in practice this division is difficult to apply because the estate is deemed to belong to a lineage rather than to an individual.
  • In the previous Family Law (Civil Code), factual unions or common-law marriages were not covered by law and the inheritance rights of women, together with the assets purchased during the de facto union, were not guaranteed upon the husband’s death (11).

The Succession Law is in the process of being revised.

  • The key debate in the revision is the legal recognition of inheritance rights of people living in cohabiting and unmarried unions, including polygamous unions.

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