{"id":137218,"date":"2026-04-08T11:54:16","date_gmt":"2026-04-08T11:54:16","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=137218"},"modified":"2026-04-09T09:37:00","modified_gmt":"2026-04-09T09:37:00","slug":"cape-verde-asset-tracing-and-recovery","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/cape-verde-asset-tracing-and-recovery\/","title":{"rendered":"Cape Verde: Asset Tracing &amp; Recovery"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-137218","comparative_guide","type-comparative_guide","status-publish","hentry","guides-asset-tracing-and-recovery","jurisdictions-cape-verde"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Carla Monteiro Associados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/carla-logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Carla Monteiro Associados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/carla-logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Asset Tracing &amp; Recovery laws and regulations applicable in Cape Verde<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal framework governing civil asset recovery in your jurisdiction, including key statutes, regulations, and international conventions that have been incorporated into domestic law?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Cape Verde, the civil recovery of property is based primarily on the rules of civil law and civil procedure, supplemented by specific legislation and international instruments ratified by the State.<\/p>\n<p>Domestically, the Civil Code forms the basis of the regime, regulating matters such as property rights, possession and the mechanisms for the protection of property rights. It is this legislation that provides for instruments such as actions for recovery of property, restitution of property and civil liability, including situations of unjust enrichment.<\/p>\n<p>In turn, the Code of Civil Procedure establishes the procedural means through which these rights can be effectively exercised in court. Among these, the following stand out: declaratory actions, interim measures \u2014 such as attachment and inventory \u2014 and enforcement proceedings, particularly for the delivery of specific property.<\/p>\n<p>This framework is further complemented by relevant specific legislation, particularly in the field of international judicial cooperation in civil matters, as well as by rules relating to the fight against money laundering, which may provide for mechanisms for the seizure and recovery of assets.<\/p>\n<p>At the international level, Cape Verde is a party to key conventions that reinforce these mechanisms, notably the United Nations Convention against Corruption (UNCAC) and the United Nations Convention against Transnational Organised Crime (Palermo Convention), both of which contain relevant provisions on international cooperation, the seizure and recovery of assets.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of assets may be subject to civil recovery proceedings (e.g., real property, bank accounts, securities, cryptocurrencies, intellectual property, business interests or other categories of property)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, any asset of financial value may be subject to civil recovery, provided it is capable of being appropriated and has an economic value.<\/p>\n<p>More specifically, this includes:<\/p>\n<ul>\n<li>Immovable property, such as land and buildings;<\/li>\n<li>Movable property, including vehicles, equipment and other tangible assets;<\/li>\n<li>Balances and funds in bank accounts, as well as other financial assets;<\/li>\n<li>Securities and financial instruments, such as shares or bonds;<\/li>\n<li>Shareholdings in commercial companies;<\/li>\n<li>Intellectual property rights, such as trademarks or copyright;<\/li>\n<li>Credits and other property rights, including contractual rights.<\/li>\n<\/ul>\n<p>Although there is not yet a detailed and specific regime governing cryptocurrencies in Cape Verdean legislation, these may, in principle, be classified as assets and are therefore subject to recovery, primarily through general mechanisms of seizure and enforcement.<\/p>\n<p>In short, the essential criterion is that the asset must be of a property nature and legally appropriable, and may thus be subject to restitution, seizure or enforcement within the context of civil proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the primary civil law causes of action and mechanisms available for asset recovery? Please briefly distinguish these from any criminal confiscation or forfeiture regimes.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The civil recovery of property is essentially based on the provisions of the Civil Code and is carried out through the procedures set out in the Code of Civil Procedure.<\/p>\n<p>From a substantive point of view, the most common situations in which a claim for the recovery of property may be made are:<\/p>\n<p>the right of ownership, which allows the owner to demand the return of the property when it is wrongfully in the possession of another person, through an action for recovery of property;<\/p>\n<p>civil liability, where damage has been caused by unlawful conduct, which may entail the return of the property or the payment of compensation;<\/p>\n<p>unjust enrichment, in cases where someone obtains an unjustified financial advantage at the expense of another;<\/p>\n<p>and also breach of contract, which may justify the return of property delivered under a contract that has not been performed or that has been terminated.<\/p>\n<p>To enforce these rights, the Code of Civil Procedure provides for various mechanisms. Among the most commonly used are declaratory actions, to establish a right; interim measures\u2014such as attachment and inventory\u2014to secure assets whilst proceedings are ongoing; and enforcement proceedings, specifically to obtain the surrender of a specific asset or the payment of a sum of money.<\/p>\n<p>It is important to distinguish these mechanisms from what occurs in the criminal sphere. Civil recovery is essentially private and reparatory in nature, depending on the initiative of the injured party. Confiscation or the forfeiture of assets in criminal proceedings, however, follow a different logic: they are measures of a public and punitive nature, applied by the State within the framework of criminal proceedings, and may occur regardless of the injured party\u2019s wishes.<\/p>\n<p>In short, whilst civil proceedings serve a reparatory and restitutory function, criminal proceedings serve a punitive function and are in the public interest.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who has standing to initiate civil asset recovery proceedings (e.g. private parties, corporations, trustees, insolvency practitioners, receivers, or state agencies)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any person or entity holding a legally protected right or interest in the assets in question is entitled to bring civil proceedings for the recovery of those assets.<\/p>\n<p>More specifically, the following may bring such proceedings:<\/p>\n<p>Individuals and companies, where they claim to be the owners of or to hold rights over specific assets;<\/p>\n<p>Creditors, where they seek to recover assets or sums of money in connection with the fulfilment of obligations;<\/p>\n<p>Legal representatives, such as agents, directors or managers, acting on behalf of natural or legal persons;<\/p>\n<p>Insolvency administrators or liquidators, when acting to protect the assets of an insolvent estate or in liquidation proceedings;<\/p>\n<p>State bodies, where public interests or the State\u2019s assets are at stake.<\/p>\n<p>According to the Code of Civil Procedure, the general rule is that the action must be brought by a party with a direct interest in bringing the claim, that is, a party who derives legal benefit from the success of the action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the legal status of foreign states or governmental entities bringing civil asset recovery actions? Are any limitations imposed by sovereign immunity, forum non conveniens, or other doctrines?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign states and government entities may bring civil proceedings before the courts to recover assets, provided they are defending property rights, just as any individual or company would. In such cases, they are generally treated as parties under private law, provided they have a direct interest in the proceedings, in accordance with the general rules of the Code of Civil Procedure.<\/p>\n<p>However, there are some significant limitations.<\/p>\n<p>The main one is sovereign immunity, which means that states cannot, in certain cases, be subject to the jurisdiction of another state. Nevertheless, in current practice, an important distinction is made: when the State acts in the exercise of public powers (acts of sovereignty), it benefits from this immunity; but when it acts in matters of a property or commercial nature, this protection tends not to apply, and it may then bring proceedings before the courts or be sued.<\/p>\n<p>As for the doctrine of forum non conveniens, it is not part of the Cape Verdean legal system. The jurisdiction of the courts is defined by the legal rules set out in the Code of Civil Procedure, and not by criteria of convenience or expediency.<\/p>\n<p>Finally, some practical limitations may arise, particularly in relation to the international jurisdiction of the courts, the recognition of foreign judgments and judicial cooperation between States.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are corporate vehicles, trusts, foundations, nominees and other intermediaries treated in civil recovery proceedings when pursuing assets held through layered structures? Are veil-piercing or analogous doctrines available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When assets are held in the name of companies, intermediaries or other structures, the courts do not simply look at who is formally listed as the owner. What really matters is determining who is the true owner or beneficiary of the assets.<\/p>\n<p>Therefore, whenever there are indications that a company, a representative or a \u2018front man\u2019 is merely holding assets on behalf of another person, these entities may be involved in the proceedings.<\/p>\n<p>How the law resolves these situations<\/p>\n<p>Although there is no specific regime for complex structures such as trusts, Cape Verdean law allows the same outcome to be reached through general rules of the Civil Code, such as:<\/p>\n<p>the right of ownership, to prove who is the true owner of the asset;<\/p>\n<p>unjust enrichment, where someone holds assets without justification;<\/p>\n<p>civil liability, where there has been unlawful conduct;<\/p>\n<p>and the possibility of challenging acts carried out to conceal or divert assets.<\/p>\n<p>In addition, urgent measures, such as attachment, may be used to prevent assets from disappearing during the proceedings.<\/p>\n<p>Piercing the corporate veil<\/p>\n<p>Although the law does not expressly address the so-called \u2018piercing the corporate veil\u2019, in practice this is possible. The courts may disregard the separation between the company and its shareholders where the company is used abusively, for example, to conceal assets or prejudice creditors.<\/p>\n<p>This is based on principles such as good faith and the prohibition of abuse of rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the jurisdictional requirements for bringing civil asset recovery proceedings in the courts of your jurisdiction? How are conflicts of jurisdiction resolved?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In order to initiate civil proceedings for the recovery of assets in Cape Verde, it is essential that the country\u2019s courts have jurisdiction to hear the case. In practical terms, this is the case when there is a relevant connection with Cape Verde.<\/p>\n<p>Such a connection may exist, for example, where the defendant resides or has their registered office in the country, where the property to be recovered is located in Cape Verde (particularly in the case of real estate), or where the event giving rise to the dispute occurred within the country\u2019s territory.<\/p>\n<p>Furthermore, the claimant must have a direct interest in the case, that is, a right which they seek to have recognised or protected by the court.<\/p>\n<p>How conflicts of jurisdiction are resolved<\/p>\n<p>Where doubts arise as to which court has jurisdiction, the Cape Verdean legal system itself resolves such situations based on the rules set out in the Code of Civil Procedure.<\/p>\n<p>If the conflict is between courts within Cape Verde, the matter is decided by the higher courts. Where there are international elements, however, the courts analyse the case based on legal criteria (such as the domicile of the parties or the location of the assets), and the principle of forum non conveniens does not apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction recognize and enforce foreign civil judgments and orders relating to asset recovery? What are the procedural requirements and grounds for refusal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, Cape Verde recognises that decisions of foreign courts, including those relating to the recovery of assets, may have legal effect in the country. However, this does not happen automatically. Before they can be enforced, such decisions must undergo a process of review and confirmation by the Cape Verdean courts, as provided for in the Code of Civil Procedure.<\/p>\n<p>Generally speaking, the courts will check whether certain essential conditions are met, namely:<\/p>\n<ul>\n<li>whether the decision is already final in the country of origin;<\/li>\n<li>whether the foreign court had jurisdiction to hear the case;<\/li>\n<li>whether the parties had the opportunity to defend themselves (respect for the adversarial principle);<\/li>\n<li>and whether the content of the decision does not contravene the fundamental principles of Cape Verdean law.<\/li>\n<\/ul>\n<p>The court may refuse recognition, for example, if:<\/p>\n<ul>\n<li>one of the parties was not duly heard during the proceedings;<\/li>\n<li>the decision is clearly contrary to public policy in Cape Verde;<\/li>\n<li>a decision on the same case already exists in the Cape Verdean courts;<\/li>\n<li>or there are signs of fraud or an attempt to circumvent the law.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What mechanisms exist for international cooperation in civil cross-border asset recovery? How can parties obtain evidence or assistance from foreign jursidictions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The civil recovery of assets with international elements is supported by mechanisms for international judicial cooperation, as provided for in the Code of Civil Procedure and in supplementary legislation.<\/p>\n<p>In practice, when proceedings involve assets, evidence or parties abroad, Cape Verdean courts may liaise with authorities in other countries to ensure the smooth running of the proceedings.<\/p>\n<p>How to obtain evidence or assistance abroad<\/p>\n<p>The parties may use various instruments, the most common being:<\/p>\n<p>Letters rogatory<\/p>\n<p>These are formal requests sent by a Cape Verdean court to a foreign court to carry out certain acts, such as gathering evidence, examining witnesses or serving notice on parties.<\/p>\n<p>Recognition of foreign judgments<\/p>\n<p>This allows judgments obtained in other countries to be recognised and enforced in Cape Verde, following review by the national courts.<\/p>\n<p>Cooperation based on international treaties<\/p>\n<p>Cape Verde may act on the basis of international conventions that facilitate the exchange of information, the gathering of evidence and the recovery of assets.<\/p>\n<p>Cooperation often depends on factors such as:<\/p>\n<ul>\n<li>the existence of international agreements between the countries involved;<\/li>\n<li>compliance with the procedural rules of the requested country;<\/li>\n<li>and the principle of reciprocity.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available to preserve assets pending resolution (e.g. freezing injunctions, Mareva injunctions, asset preservation orders, saisie conservatoire, attachments)? Please briefly summarise the requirements for obtaining such relief.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are various interim measures designed to protect assets whilst the main proceedings are still ongoing, thereby preventing them from being dissipated or concealed.<\/p>\n<p>The main ones are:<\/p>\n<p>Seizure<\/p>\n<p>This allows the debtor\u2019s assets to be seized to ensure payment of a debt.<\/p>\n<p>Inventory<\/p>\n<p>This involves identifying and listing assets to prevent their disappearance or deterioration.<\/p>\n<p>Other interim measures<\/p>\n<p>The court may order measures appropriate to the specific case, based on the general principle of interim relief, even if they are not expressly provided for.<\/p>\n<p>Generally speaking, to obtain these measures, it is necessary to demonstrate:<\/p>\n<p>the existence of a probable right (i.e. that the claim has a serious basis);<\/p>\n<p>the risk of loss, concealment or dissipation of the assets if no action is taken (peril in delay);<\/p>\n<p>and the suitability of the measure to the objective of protecting that right.<\/p>\n<p>In some cases, the court may require the provision of security to prevent any loss to the other party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What disclosure, tracing, and investigative tools are available in civil proceedings to assist claimants in identifying, tracing, and recovering assets (including any pre-action or in-proceedings mechanisms)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In this country, there is no comprehensive system for tracing assets as there is in other countries, but this does not mean that creditors are left without recourse. In practice, the Code of Civil Procedure provides various ways to help identify and locate assets.<\/p>\n<p>During the proceedings, the court can play an important role. For example, it may order the other party to produce documents or information, or even request data from bodies such as land registries or other institutions that hold records of assets. This helps to ascertain where the assets are and in whose name they are held.<\/p>\n<p>Furthermore, measures such as attachment or inventory are not only intended to protect assets \u2014 they also help to identify them and prevent them from disappearing.<\/p>\n<p>When the proceedings reach the enforcement stage, these mechanisms become even more effective, enabling the location of attachable assets and proceeding with their seizure.<\/p>\n<p>Before taking legal action, the options are more limited, but it is still possible to consult public registers and gather relevant information. In urgent situations, it may even make sense to apply for an interim order straight away.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What proprietary or analogous remedies (e.g., in rem claims, restitutionary claims, vindicatory actions) are available for recovering misappropriated assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are various legal mechanisms available for recovering property that has been misappropriated or wrongfully taken. These mechanisms are primarily based on the Civil Code and are implemented through the procedures set out in the Code of Civil Procedure.<\/p>\n<p>One of the main mechanisms is the action for recovery, which allows the true owner to demand the return of the property when it is in the possession of another person without justification.<\/p>\n<p>In addition, there are other important avenues:<\/p>\n<p>the action for restitution, applicable when someone must return property or funds received unduly;<\/p>\n<p>an action for unjust enrichment, where someone has benefited unjustifiably at another\u2019s expense;<\/p>\n<p>civil liability, in cases where an unlawful act has caused damage, which may lead to the return of the property or the payment of compensation;<\/p>\n<p>and the possibility of challenging fraudulent acts, where property has been transferred to third parties with the aim of preventing its recovery.<\/p>\n<p>In procedural terms, these actions may be accompanied by interim measures, such as attachment, to ensure that the assets do not disappear whilst the proceedings are ongoing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the relevant limitation periods for civil asset recovery claims? Are there extensions or suspensions in cases involving fraud, concealment, or delayed discovery?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Limitation periods vary depending on the type of right being exercised.<\/p>\n<p>In general:<\/p>\n<p>The standard limitation period is 20 years, applicable to property rights where the law does not provide for a specific period.<\/p>\n<p>In the case of civil liability, the limitation period is shorter, normally being 3 years from the moment the injured party became aware of the damage and of who is liable.<\/p>\n<p>In cases of unjust enrichment, a shorter limitation period, similar to that for civil liability, also applies as a general rule.<\/p>\n<p>The Civil Code provides for mechanisms to prevent the limitation period from unfairly prejudicing the injured party, namely:<\/p>\n<p>The limitation period may only begin to run from the moment the injured party becomes aware of their right, which is particularly relevant in cases of fraud or concealment;<\/p>\n<p>There are situations where the limitation period is suspended or interrupted, for example, when the holder of the right is prevented from exercising it or when there are acts demonstrating the intention to enforce that right (such as the bringing of legal proceedings).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the applicable standard of proof in civil asset recovery proceedings? How does this compare to the criminal standard, if relevant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In civil proceedings such as those for the recovery of property, the judge decides on the basis of the conviction formed from the evidence presented. Certainty is not required; what matters is that the alleged facts appear more probable than not.<\/p>\n<p>In other words, the claimant must be able to convince the court that their version of the facts is credible and well-founded.<\/p>\n<p>Difference from criminal proceedings<\/p>\n<p>There is an important difference here. In civil proceedings, the standard of proof is more flexible. In criminal proceedings, however, where penalties may be at stake, the court can only convict when it has a very high degree of certainty regarding the facts, without any relevant doubts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where does the burden of proof lie, and are there any evidential presumptions or burden-shifting mechanisms (e.g. in cases involving unexplained wealth or transactions at an undervalue)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general rule is simple: whoever alleges a fact must prove it. In other words, it is up to the claimant to establish the facts on which their claim is based, and to the defendant to prove the facts they rely on in their defence. This principle stems from the general rules of the Civil Code regarding the burden of proof.<\/p>\n<p>Presumptions and reversal of the burden of proof<\/p>\n<p>Despite this rule, there are situations in which the law facilitates proof through presumptions.<\/p>\n<p>Legal presumptions allow the court to treat certain facts as proven, dispensing with direct evidence, provided that certain conditions are met.<\/p>\n<p>In such cases, the other party may attempt to rebut that presumption by presenting evidence to the contrary.<\/p>\n<p>Furthermore, although there is no general regime of automatic reversal of the burden of proof as in some systems, in practice there may be a redistribution of the burden in specific situations, for example:<\/p>\n<p>when one of the parties is in a better position to prove certain facts;<\/p>\n<p>or when there are strong indications of abnormal situations, such as transactions at values clearly below market value or structures designed to conceal assets.<\/p>\n<p>In such cases, the court may require more detailed explanations from the party holding the information.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What defences are available to respondents in civil asset recovery proceedings (e.g., change of position, limitation, laches, good-faith purchaser for value)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When someone is summoned to appear in proceedings for the recovery of property in Cape Verde, they are not left without protection; there are various ways to defend themselves.<\/p>\n<p>Firstly, they may challenge the very basis of the claim, arguing that the property does not belong to the claimant or that there is no obligation to return it.<\/p>\n<p>Another very common defence is the statute of limitations, that is, arguing that the legal time limit for the claimant to exercise their right has already expired.<\/p>\n<p>It may also be the case that the defendant acquired the property in good faith and in return for payment. In such cases, particularly with movable property, the law may protect them, even if the property had a problematic origin.<\/p>\n<p>In cases of unjust enrichment, there is also the possibility of arguing that no advantage remains, for example, because the value was spent in good faith.<\/p>\n<p>On the other hand, if there is a contract or other valid title justifying possession of the property, this also serves as a defence.<\/p>\n<p>And, in certain cases, one may even argue that the claimant is acting abusively or contrary to good faith.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are third-party rights protected in civil recovery proceedings? What mechanisms exist for innocent parties to assert their interests in assets subject to recovery claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Cape Verdean law, third parties acting in good faith are not left unprotected in proceedings to recover property. On the contrary, the law seeks to ensure that no one is unfairly prejudiced.<\/p>\n<p>Firstly, if a third party has a right of their own over the asset \u2014 for example, ownership, lawful possession or another real right \u2014 they may intervene in the proceedings to assert that right. This is done through procedural mechanisms that allow for their direct participation.<\/p>\n<p>One of the main mechanisms is third-party intervention, which allows the interested party to join the proceedings to defend their right. Furthermore, there is the possibility of filing a third-party objection, particularly when property is seized (for example, through attachment or seizure) and actually belongs to someone who is not a party to the proceedings.<\/p>\n<p>On the other hand, the law also protects those who have acquired property in good faith and in return for payment, especially in the case of movable property, preventing such third parties from being prejudiced by situations of which they were unaware.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does your jurisdiction classify cryptocurrencies and other digital assets for civil recovery purposes? Are they capable of being held on trust or subject to proprietary or equivalent claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Cape Verde\u2019s legal system, there is as yet no specific or detailed regulation governing cryptocurrencies or digital assets. However, this does not mean that they are outside the law.<\/p>\n<p>In practice, these assets tend to be classified as property of a financial nature, that is to say, assets of economic value that may form part of a person\u2019s estate. Thus, they may be treated in a similar manner to other intangible assets.<\/p>\n<p>Although there is no specific regime, it is possible to recognise a form of control over these assets equivalent to the right of ownership, insofar as the holder (for example, the person holding the private keys) has the power to use, dispose of and transfer these assets.<\/p>\n<p>In the context of civil recovery, this allows, in principle, for cryptocurrencies:<\/p>\n<p>to be identified as part of the debtor\u2019s assets;<\/p>\n<p>to be subject to precautionary measures or enforcement, provided they are traceable and accessible.<\/p>\n<p>Cape Verdean law does not expressly provide for the modern trust as found in other legal systems. Nevertheless, there may be contractual or fiduciary relationships which, in practice, involve the management of digital assets by third parties.<\/p>\n<p>In such cases, the court tends to examine who has effective control and an economic interest in the assets, for the purposes of recovery.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim relief mechanisms exist for freezing or preserving digital assets (e.g., access to private keys, hardware wallets, exchange-held accounts)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Cape Verde, there is as yet no specific regime for \u2018freezing\u2019 cryptocurrencies or other digital assets. Nevertheless, the general provisions of the Code of Civil Procedure can be utilised and adapted to this type of asset.<\/p>\n<p>In practice, the main tools are:<\/p>\n<p>Seizure<\/p>\n<p>This can be used to seize the debtor\u2019s assets, and this may include digital assets, provided they can be identified and linked to the holder.<\/p>\n<p>Unspecified interim measures<\/p>\n<p>The court may order measures tailored to the specific case, for example, ordering the holder not to move the assets, or to keep access (such as private keys or wallets) available.<\/p>\n<p>The greatest difficulty lies in the fact that, unlike a traditional bank account, digital assets depend on elements such as:<\/p>\n<ul>\n<li>private keys<\/li>\n<li>access to digital wallets<\/li>\n<li>accounts on exchange platforms<\/li>\n<\/ul>\n<p>If these elements are unknown or not under the court\u2019s control, enforcing the measure becomes more difficult.<\/p>\n<p>For this reason, the court often acts indirectly, for example:<\/p>\n<ul>\n<li>by ordering the holder to disclose or refrain from using the access credentials;<\/li>\n<li>or by issuing orders to centralised platforms, where these have been identified.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What disclosure and tracing, disclosure and investigative tools are available for identifying and following digital asset transactions, and what practical challenges arise in obtaining information from exchanges or service providers?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Cape Verde, there is still no such system.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are legal costs allocated in civil asset recovery proceedings? What is the general rule on costs, and what exceptions apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general rule is quite simple: the losing party pays the costs of the proceedings. This includes court fees and, in many cases, other costs associated with the proceedings.<\/p>\n<p>If the judgment is not entirely in favour of one of the parties, the court may apportion the costs proportionally, according to the extent to which each party has prevailed.<\/p>\n<p>Despite this rule, there are some situations in which the court may adjust the allocation:<\/p>\n<p>where there are valid grounds justifying a different distribution;<\/p>\n<p>where one of the parties has acted improperly or in bad faith, and may be ordered to bear additional costs;<\/p>\n<p>or where the law provides for exemptions or legal aid, which may waive or reduce the payment of costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third-party funding, contingency fees, conditional fee arrangements, or damages-based agreements, or other alternative funding mechanisms available? What are the rules on security for costs?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most common model remains the traditional one: the client pays the lawyer directly for the services provided. However, there are some important nuances.<\/p>\n<p>Contingency fees (contingent fees)<\/p>\n<p>These are not, as a rule, permitted as the sole form of remuneration (i.e. the lawyer cannot receive only a percentage of the outcome). However, it is possible for fees to include a variable component linked to success, provided there is also a fixed base fee and everything is agreed upon transparently.<\/p>\n<p>Conditional fee agreements<\/p>\n<p>These may exist in practice, but within limits, in accordance with the profession\u2019s ethical rules.<\/p>\n<p>Third-party funding<\/p>\n<p>There is no specific regime regulated under Cape Verdean law, and this type of funding is not yet common. Nevertheless, it is not expressly prohibited either, provided it does not violate principles such as the lawyer\u2019s independence or the legality of the proceedings.<\/p>\n<p>Security for costs<\/p>\n<p>As regards security for costs, the court may, in certain situations, require a party to provide security. This occurs, for example, where there is a risk that the party will be unable to pay the costs at the end of the proceedings.<\/p>\n<p>This measure serves to protect the other party, ensuring that they will not be disadvantaged should they win the case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do insolvency proceedings interact with civil asset recovery actions? Can tracing or proprietary claims be pursued within insolvency, and what priority do such claims receive?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>When insolvency is declared, the debtor\u2019s assets are treated as a single entity, with the aim of satisfying creditors in an organized and balanced manner. This has a direct impact on individual actions to recover assets.<\/p>\n<p>As a general rule, enforcement or individual recovery proceedings tend to be suspended or subject to conditions, to prevent certain creditors from being favoured at the expense of others.<\/p>\n<p>Claims and separation of assets<\/p>\n<p>Despite this, there is an important distinction: if someone claims that a particular asset does not belong to the insolvent party but to themselves, they may bring a claim for recovery or request the separation of that asset from the insolvency estate.<\/p>\n<p>This occurs, for example, when:<\/p>\n<p>the asset is in the debtor\u2019s possession but belongs to a third party;<\/p>\n<p>or when there are rights in rem justifying its exclusion from the estate.<\/p>\n<p>In these cases, the aim is not to compete as a creditor, but rather to remove the asset from the insolvency proceedings.<\/p>\n<p>Priority of such claims<\/p>\n<p>These claims are treated differently from ordinary claims:<\/p>\n<p>if they are upheld, the asset does not form part of the insolvency estate;<\/p>\n<p>therefore, it is not subject to distribution amongst creditors.<\/p>\n<p>Creditors, on the other hand, are subject to the rules governing the ranking of claims, with priorities defined by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are claims for the recovery of misappropriated assets treated in the insolvency of the wrongdoer or intermediary? What is the relationship between civil recovery and insolvency clawback or avoidance provisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Recovery and Insolvency Code stipulates that the recovery of assets misappropriated in insolvency proceedings is handled with priority given to restoring the assets to the insolvency estate, with a view to repaying the aggrieved creditors. Misappropriated assets may be revoked (set aside) through specific legal actions if they were misappropriated to the detriment of creditors prior to the bankruptcy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the key practical challenges facing practitioners in asset tracing and recovery (e.g., complex structures, offshore jurisdictions, banking secrecy, non-cooperative intermediaries)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Cape Verde, those who work with asset location and recovery face very concrete challenges; Complex structures &#8211; Money rarely stays in one place. It passes through various accounts, wallets, or even companies. When you try to follow the trail, it&#8217;s already divided; Offshore jurisdictions, funds often leave Cape Verde quickly and go to countries with little transparency. From there, obtaining information becomes slow or even impossible; Secrecy and legal barriers, even when there are strong suspicions, it is not easy to access bank data or identify account holders. The law protects this data, and rightly so, but this also delays investigations; Lack of external cooperation, some platforms or intermediaries, such as Binance, do not always respond quickly (or at all), and without this collaboration, the investigation is stalled; Lengthy international processes, almost everything depends on requests between countries. In practice, this means waiting months, and in the digital world, that time makes all the difference; Limited resources in the country, teams are small, there are not always advanced tools or specialized training. Much is done with what is available, but there are limits.<\/p>\n<p>In other words, the biggest challenge is not finding the trail, but overcoming the legal, international, and practical barriers to transform that trail into results.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What strategic considerations arise when choosing between different civil causes of action or pursuing parallel proceedings? Can civil proceedings be stayed pending related criminal or regulatory actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In practice, when proceeding immediately with a civil lawsuit, the idea is to act quickly\u2014to try to locate and, if possible, freeze assets before they disappear. The problem is that, often, there is not enough evidence at this stage to properly support the case. Criminal or regulatory proceedings, on the other hand, tend to take longer, but they have a major advantage: they allow for better investigation, access to more sensitive information, and strengthening of the evidence.<\/p>\n<p>Therefore, in many cases, the decision is made to pursue both proceedings in parallel. The civil case &#8220;chases after the money,&#8221; while the criminal case helps to understand who is behind it and to gather more solid evidence. It&#8217;s a way to avoid being idle while waiting, but also not to depend solely on one path.<\/p>\n<p>Regarding suspension, yes, a civil case can be suspended while awaiting a criminal decision, especially if that decision is important to clarify the facts. But here the dilemma arises again: waiting may help to win the case\u2026 or it may mean that, when a decision is reached, there is nothing left to recover.<\/p>\n<p>Ultimately, in Cape Verde, these decisions are always made with this balance in mind: acting quickly so as not to lose track of assets, but without moving blindly and compromising the final result.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What significant recent cases, reforms, or emerging trends have affected asset recovery practice (including developments in sanctions regimes, beneficial ownership transparency, AML rules, or cross-border enforcement)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There hasn&#8217;t been one major recent media case in the country that has changed everything, but rather several small developments that, together, are shaping the practice of asset recovery.<\/p>\n<p>In recent years, there has been increasing international pressure (IMF, EU, etc.) for more transparency and financial control, and this is already being reflected. For example, there is increasing discussion about the regulation of crypto-assets and the strengthening of regulators&#8217; powers, precisely because of the risks of money laundering.<\/p>\n<p>At the same time, there is a clear trend towards:<\/p>\n<p>more transparency (e.g., the end of opaque structures such as bearer securities)<\/p>\n<p>greater alignment with international AML\/CFT standards<\/p>\n<p>gradual strengthening of financial supervision<\/p>\n<p>Today, it is more difficult to hide assets than it was a few years ago \u2014 but there are still limitations.<\/p>\n<p>There is more transparency and rules, which helps investigations, but practical application is still slow and dependent on external factors.<\/p>\n<p>In Cape Verde, the trend is clear: more control, more transparency, and more alignment with the world.<\/p>\n<p>But in practice, we are still in a transition phase; the rules are improving faster than the capacity to apply them on the ground.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6049<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/137218","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=137218"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}