Doação como contrato comercial em Moçambique- algumas questões

Abstract

This final course work aims, using legislation, doctrine, jurisdiction and websites, to analyze the donation as a commercial contract in Mozambique, where, firstly, the notion, constituent elements and characteristics of commercial donation, secondly, the notion, assumptions and characteristics of the commercial contract are brought to debate and, finally, it is discussed regarding the issue of the commercial nature of the donation, analyzing whether the donation is really a commercial contract, from the perspective of a The main commercial contract and the perspective of an “ancillary contract”, and some types of donation, namely modal, remunerative and mixed donation, have a true burden capable of satisfying the legal requirement that the donation must be made within the scope of exercising business activity, to become a commercial contract. Given the onerous nature that characterizes Commercial Law in general and commercial contracts in particular, the donation, having a free and non-signalling nature, is materially and exclusively a civil contract, which can only exceptionally assume a commercial nature, hence such guidance leads , as a general rule, an authentic mischaracterization of business activity