The present study, which is conducted following the conclusion of the law of obligations module lectured by the law school of the Eduardo Mondlane University in cooperation with the law school of the University of Lisbon under the 6th Legal Sciences Master Course, focuses on the debtor’s default/delay regarding the fulfilment of his obligations as it focuses on the risk of breach of obligations by the debtor as result of a supervening impossibility, especially with regards to the bilateral contracts or agreements.
As methodological assumptions for the analysis of the subject identified above, firstly, we have presented the general theory inherent to the figure of breach of obligations, under which we have dealt with its general concept, its assumptions and modalities. We have presented, as well, the fundamental aspects regarding the figure of the the debtor’s default in Mozambique’s legal system in an analysis that, beside presenting its fundamental aspects, such as the concept, the moment from which the default is deemed constituted and indemnity consequences, looks to identify the fundaments and limits to the possibility of holding the debtor accountable for the default or for the the debtor’s liabity exclusion as result of a supervening impossibility. The aforementioned aspects constitute the touchstone of the present study.
Keywords: breach of obligations, debtor’s default, risk, damages, indemnity,supervening liabilities.
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