O mandato comercial gratuito no ordenamento jurídico moçambicano – a represtinação de um problema

Abstract

The purpose of this monograph is to examine the adequacy of the free commercial mandate, accepted by our legislator in the Legal Framework for Commercial Contracts, to the principles that guide commercial contracts. To this end, it provides a general approach to the commercial contract in Mozambique, in which it highlights its constituent elements, highlighting that the purpose of generating economic income is the ultimate goal of the exercise of business activity. In order to achieve this goal, the commercial contract is prohibited from characteristics such as onerousness and selfishness of the commercial entrepreneur. As a result, this study criticizes the obscurity of commerciality in the notion of commercial mandate and qualifies it as an essentially onerous contract. Next, it highlights the inadmissibility of a free commercial mandate in commercial contracts, given the primacy of the onerous nature of commercial contracts, as well as its inadmissibility as an accessory commercial contract, and presents a window of possibility for its validity as an objective act of commerce. And, finally, it criticizes the remuneration regime of the commercial agent established in the wake of a free commercial mandate