O contrato de prestação de serviço no direito comercial Moçambicano: a possibilidade de actuação sem fins lucrativos

Abstract

The present work has as its mission the analysis of the service contract in Mozambican commercial law; the possibility of no-profit performance. A combination and interpretation will be made with the principles and characteristics that guide commercial contracting, to assess the adequacy of this possibility, it is intended with this research to analyze the general approach of the legal regime of commercial Contracts in Mozambique, in order to assess its characteristic elements that subjects as commercial entrepreneurs, in the performance of the financial year, offering goods and services and consequently, obtaining profit, due to this mercantile exercise. In this sense, the option of the legislator to have imported content of the legal notion of the provision of civil service for mercantile contracting without due adaptation to the mercantile reality, causes there to be, in RJCCom, an incongruity in the mercantile legal system, insofar as, in this field of special private law, entrepreneurs are moved for the profit and the characteristic of the onerousness between the parties to the contractual relationship, it was placed on an equal footing with gratuitousness, for the purposes of contracting in the commercial services contract and this reality distances itself from the rules of the Mozambican C. Civil, as that always requires the profitable purpose. Thus, we analyze the impacts that can result from this gratuity in the commercial service contract as well as demonstrate the inadmissibility of gratuity to operate in commercial relations.