The Research On Innominate Contract

The innominate contract is everywhere in our real life. Although its existence is broad, the research about it in our country is pale; meanwhile in the practice , the court has trifle difficulties in how to settle it. The contract law in our country stipulates the suitable principle in section 124, but this principle is insufficient to solve this problem. Therefore, this article is based on the every type of innominate contracts that I will classify, and I will discuss every suitable principle one by one under this types. We need to study the types and suitable principles of innominate contracts, but we can't divorce oneself from reality, because it is necessary to profit from the various countries about the innominate contract's stipulation. Therefore, according to above mentality, this article's concrete structure is as follows:Chapter 1, the author had mainly discussed the innominate contract's stipulation in various countries. It provides the model for our country about the innominate contract research. And in this chapter, I mainly introduced the research on innominate contract in Roman law,French law,German law,the Taiwan area law and the attitude on innominate contracts in Angle-American law.Chapter 2, the author mainly introduced the dispute of innominate contract's name and ascertained its concept; the character and two being specialities of innominate contract; the relation between innominate contract and contract freedom; the disputes on types of innominate contract and the classifications on innominate contract; the tendency of innominate contract. What the author said on the above was aimed to introduce the essential knowledge clearly.Chapter 3, the author mainly introduced three classical theories and the commentary on it; the scholar's disputes on innominate contract suitable principles; the author's opinion about innominate contract suitable principles. The author thought different kinds of innominate contracts had different suitable principles. So in the suitable process, how to choose the principle is based on the type of innominate contract.Chapter 4, the author mainly introduced some means of innominate contract interpretation. That means can be divided into kinds of means: the special means and the common means. The special mean is to use the homologous provision to interpret the innominate contract The common means include literal interpretation,integrity interpretation purpose interpretation, use and wont interpretation good faith interpretation and contra proerentum.