STATE OF ADMINISTRATIVE NECESSITY AND PUBLIC COMPENSATION: LIABILITY FOR LAWFUL ACTS AND COMPENSATION FOR SACRIFICE IN ANGOLA

Abstract

This article analyses the new Angolan legal framework regarding the state of administrative necessity with emphasis on the regime of public compensation that should be invoked in these situations of legal exceptionality. This framework includes a legal notion of a state of administrative necessity and a regime of public compensation for damages caused by public actions in a state of necessity. The regime of civil liability for lawful acts and the obligation to compensate for the sacrifice imposed on individuals are explored, as well as the causes of exclusion of extra-contractual public civil compensation, particularly in a state of administrative need, making a critical analysis of the recent solutions adopted by the legislature.