Da irrevogabilidade do contrato de opção no regime jurídico dos contratos comerciais em Moçambique

Abstract

This monograph reflects on the legal framework governing commercial contracts in Mozambique, with particular emphasis on preparatory contracts, specifically the emerging option contract. Within this framework, the present study seeks to understand how the option contract operates, addressing the contradictions that this legal institution presents. To this end, the study raises questions concerning the revocability or irrevocability of the option contract within the Mozambican legal regime governing commercial contracts. The law, by providing in Article 141 that the proposal contained in the option contract is irrevocable, establishes a firm commitment by the grantor towards the beneficiary. However, Article 143 allows for the possibility of revocation of the option by the grantor, although it states that such revocation “does not prevent the formation of the principal contract” if the beneficiary exercises their right within the legally established period. In this context, this duality, from a hermeneutical perspective, raises concerns regarding the clarity of the legal regime governing the option contract. On the one hand, irrevocability presupposes the impossibility of the grantor withdrawing the proposal; on the other hand, the legal provision for the revocability of the proposal may suggest the admissibility of its withdrawal, which raises doubts regarding the legal effects should such an action occur. Therefore, in light of this apparent contradiction, the present monographic work sought to examine and explain how this duality may be understood and interpreted in order to clarify the legal regime governing the revocability of the option contract