REAL GUARANTEE RIGHTS IN THE MOZAMBICAN LEGAL SYSTEM

Abstract

Legal transactions are generated by different ambitions regarding the acquisition of a specific asset. In contracts, people are called parties and they are bound by a certain inclusion of conditions and terms, which must be followed unequivocally. Failure to comply with the conditions or terms determines certain sanctions within the scope of Civil Law, this being the known figure of Civil Liability. In the manifestation of the contract in which the parties are bound by the Principle of Good Faith, which, “When negotiating with another person with the purpose of concluding a contract, both at the beginning and in the formation of the same, the procedure must be in accordance with the rules of good faith, and if this is not the case, the injured party will have to see its right compensated” under the terms of no. 1 of art. 227. ° Conjugated with No. 2 of art. 762. ° both of the CC. The purpose of this research is to address the Lack and Defects of Will that May Have an Impact on Legal Transactions of Purchase and Sale of Movable or Immovable Property Subject to Registration in Mozambique. It assesses the lack and defects that may affect legal transactions involving purchases and sales involving movable or immovable property, and specifically identifies the modalities within the scope of business declarations, looks at the defects that may be present in the declarations, presents the mechanisms to remedy the defects, and identifies the legal method of liability in cases of poor contract formation.