ANÁLISE CRÍTICA DA POSSIBILIDADE DE RENOVAÇÕES SUCESSIVAS DE DELIBERAÇÕES SOCIAIS NO ORDENAMENTO JURÍDICO MOÇAMBICANO À LUZ DO ARTIGO 133.º DO CÓDIGO COMERCIAL

This study addresses the critical analysis of the possibility of successive renewals of corporate resolutions in the Mozambican legal system, in light of article 133 of the Commercial Code. This study arises in the context where the renewal of corporate resolutions is a mechanism foreseen in the legal system to correct formal and procedural defects, guaranteeing the stability of corporate decisions. However, Article 133 of the Commercial Code does not specify whether a renewed resolution can be subject to another renewal, creating legal uncertainty. This study aims to critically analyze the possibility of successive renewals of corporate resolutions, examining their limits and implications for legal certainty and corporate governance. The research adopted a qualitative methodology of an explanatory nature, based on a bibliographic and documentary study. The provisions of the Commercial Code and relevant doctrines were analyzed, focusing on legal interpretations regarding the admissibility of successive renewal. The results indicate that there is no doctrinal unanimity on the issue, given that some authors defend the possibility of successive renewals, provided there is no abuse of rights, while others argue that this procedure would compromise the predictability of corporate relations, potentially leading to endless litigation and legal instability. Given this reality, it is concluded that successive renewal of corporate resolutions should not be widely admitted, as it may be used as a strategy to indefinitely postpone the consolidation of business decisions. The study reinforces the need for clearer regulation on the topic to avoid legal uncertainty and ensure greater predictability for commercial companies.