O contrato de Kixikila

: sua natureza jurídica e efeitos

Abstract

In this research, our purpose is to study and analyse the kixikila contract. However, due to its extent, and the drafting limits to which we need to observe, we chose to dedicate this work only to the qualification of the aforementioned contract. In the first stage, we describe, in a very detailed way, the social practice of kixikila in the angolan’s society, more precisely the city of Luanda. Afterwards, we present a brief legal approach to this same figure, namely its concept, constituent elements, its classification, and illustration of the main rights and duties of contractual parties in the kixikila contract. The preceding legal approach aimed at solidifying the subsequent qualification of the contract. However, before characterising kixikila, we present a brief explanation of qualification of the contracts in general, the criteria needed for its effect: the essentialia and the typological. Between these two criteria, we adopted the latter, as we consider it to be more suitable for the contract at our hands. Based on these criteria, it was possible for us to determine that kixikila’s legal nature is a hybrid: in a way, it is a result of the sum between the loan contract and the irregular deposit, when its object is a fungible thing (money); in the other way, it could also be considered to have the legal nature of provision of services, when the object is a non-fungible thing (labor).

Date of Award	15 Sept 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)