The Legal Research Of Innominated Contract

There are much more innominated contracts in our daily life, as well as disputes on those. Although the innominated contract's existence is broad, in theory, the research about it is not too much. In practice, the Contract Law in our country stipulates the suitable principle in section 124, but this principle is insufficient to solve this problem. Therefore, the judicial departments face to lots of skillful difficulties due to these two reasons.According to previous studies and researches, the author has used the historical, comparative and other research methods, learned from other countries and scholars' studies, and then researched the legal system of the innominated contract. About the full text, the author has divided it into four following parts:The first part has showed the general issues of the innominnated contract. The author has mainly introduced the called-name and the definition of the innominated contract, discussed how to ascertain a contract to be an innominated contract, and introduced the significance of the arising of the innominated contract. All of those are in order to have a clear understanding on the innominated contract's basic knowledge.The chapter two has separately list the main studies of the various countries in the Comparative Law and summarized the legislative orientations of the different countries and various views of scholars. The above is aimed to provide some research experiences.The third part has shows the issues about the classification of the innominated contract. Firstly, the author has put forward her thoughts by using the ideas and studies of other authoritative scholars as references. Secondly, the author has analyzed the every type of the innominated contract on the basic of the delimitation that scholars have made. Last, the author has introduced the reasons of why the simultaneous contract is not belong to the innominated contract.Chapter four has done with the most important issue that is the suitable principles of the innominated contract. The author has introduced the disputes of scholars and got the result. The author has put forward the following opinions:first, different kinds of the innominated contracts have different suitable principles and theories; second, there is a common and general suitable principle; last, contract interpretation and judicial discretion play a important role in the suitable principles of the innominated contract.