Das incongruências e contradições à incorporação de Regras Internacionais no Regime Jurídico do Contrato de Compra e Venda Comercial em Moçambique

Abstract

This work focuses on the inconsistencies and contradictions in the incorporation of International Rules into the Legal Regime of Commercial Purchase and Sale Contracts in Mozambique, analyzing the legal options of the legislator in the Legal Regime of Commercial Contracts regarding the Commercial Purchase and Sale Contract. , given the import of the United Nations Convention on Contracts for the International Sale of Goods (CISG) regime into our legal system and the implications resulting from this process. The aim of the approach is to understand the Mozambican legal regime of the commercial purchase and sale contract, through a bibliographical, analytical-synthetic, deductive, inductive, comparative, dialectical, phenomenological and monographic method of consultation. From the outset, it is important to note that the legislative option of importing international rules from the 1980 Vienna Convention (CISG), completely distancing itself from the supplementary rules of Civil Law, and the rules of the Commercial Code, makes the RJCC applicable also to purchase and sale contracts, of a civil nature, by virtue of the norm of paragraph 3, of article 146, in fine, of the RJCC, generating a prior incongruity at the level of the Commercial Law system; to the extent that the business nature as a condition for the applicability of commercial law regimes is ruled out.