Os limites do princípio da liberdade formal na formação dos contratos internacionais – sua previsão no regime jurídico dos contratos comerciais

Abstract

This work focuses on the limits of formal freedom in the formation of international contracts, focusing on its provision in the RJCC in Mozambique. The research proposes to critically analyze Mozambican legislative options regarding freedom of form, especially in view of the reception of norms and principles from international instruments, such as the CISG. Using the methods of indirect research, deductive, and bibliographic research, it is intended to understand if and to what extent the RJCC respects the foundations of private autonomy, or if it imposes restrictions that collide with the logic of international trade. The analysis highlights the tension between the formal flexibility required in transnational contractual practices and the limits imposed by the Mozambican legislature, questioning the adequacy of the current regime to the national and international legal and economic reality.