O contrato de franquia no ordenamento jurídico Moçambicano: desafios de harmonização e protecção das partes

Abstract

This paper analyses the franchise agreement within the scope of commercial law, with particular emphasis on the Mozambican legal system. Franchising represents a relevant legal and economic instrument for the expansion of business models and the dissemination of know-how, playing an important role in developing economies. Despite its growing practical use, the franchise agreement raises several legal challenges, particularly regarding its legal nature, essential elements and the protection of the contracting parties, especially the franchisee. The study examines the theoretical framework of the franchise agreement, its legal characterisation as a business cooperation contract and the principles governing commercial contractual relations. The methodology adopted is mainly legal-dogmatic, based on the analysis of applicable legislation, relevant doctrine and, where appropriate, comparative law. This work aims to contribute to a better understanding of the legal regime of franchise agreements in Mozambique and to promote critical reflection on the need to strengthen the legal protection of the parties involved.