Unnamed Contract Law Applies

For a particular purpose, parties often sign the unnamed contracts which are beyond the types of named contract. In the event of a dispute, the judge have to find the judgment grounds in addition to make judgment. The subject of the paper is application of the law to unnamed contract. It is easy for the judge to find law grounds to deal with the disputes in named contract, while it is more difficult in dealing with the disputes in unnamed contract. The parties sign the contract in the purpose of actual demand, and the legal requirement is not the aim. So they often sign the unnamed contract which is not so strict as named contract. The diversification and embodiment of contract parties' actual demand diversify the kinds of unnamed contract, thus compound the difficult of application of law.Unnamed contract is the work of freedom of contract doctrine and the establishment of types of named contract in the civil law. The establishment of freedom of contract doctrine in the civil law makes it possible that the contract based on the contract parties is the grounds of judgment, while the establishment of types of named contract makes it possible that the judge can base on the arbitrary norm. Thus, the judge is able to make judgment by supplying the content which is omitted in the concrete contract with the aid of arbitrarily elective norm, and by regulating the content which has breached the public order or infringed the interest of other people with the aid of compulsory norm.The paper deals with this subject from the judgment standpoint because the problem of application of law often emerged in making judgment of dispute in unnamed contract. when dispute emerge, the judge should do two works at least. The one is determining the decree grounds and the other one is making judgment. Upon that, the paper study the issue of application of law in unnamed contract based on determining the judgment grounds and the unnamed contract' classification. Positive research is the main research method.The first part will in brief show three issues in connection with the application of law of unnamed contract in order to forshadow the paper to ensure foundation of judgement of unnamed contract .It will show the application of law of unnamed contract in Roman law .It will show that the establishment of freedom of contract doctrine and the establishment of types of named contract make the unnampd contract coming into being together .It will show that cognizance the tape of named contracts is the premise of application of law of unnamed contract in logic.The second part will show the foundation of judgement of unnamed contract.The paper claim that the foundation of judgement of unnamed contract should consist of the contract itself, "conclusion of systematic interpretation" by the judge, custon of deal, and the legal norm.The third part will analyse the every type unnamed contract' application of law on the basis of the delimitation which scholars have made .The analyse is positive.The part will show that the methods of application of law which includes creed of "absorb", "combine" and application of analogy are useful in its field ,if we insist on the foundation and ordinal of judgement decided in the second part.The fourth part will clean up the conclusion in brief.