Unnamed Contract Research

The nominated contracts and innominated contracts have been classified on the basis of types of contracts, whether those types are some stipulations or fixed names in contract law or civil code. Actually, innominated contracts are not ones which have no names, but no stipulations for them in law. In practice, classification of these two lies in followings that for nominated contracts we can apply stipulations of our law, and for innominated contracts we can only apply the nominated contracts or rules of contract law with which are analogous. With more and more innominated contracts appeared in our life, disputes on it have being increased. Due to lack of stipulations and without any rules in our law, the authorities are confused about them, therefore, it is undoubted judicial departments are bewildered because of lack of theoretical research. The author will make a systematic study on conception, classification, legal application, legal interpretation, legislative tendency and so on.The thesis consists of five sections, which are theoretical foundation of innominated contracts(Section Ⅰ), status of innominated contracts on our contract law(Section Ⅱ), types and legal application of innominated contracts(SectionⅢ), legal interpretation and judicial discretion(Section Ⅳ), legislative tendency of innominated contracts(SectionⅤ).In Section Ⅰ , the author discusses theoretical foundation of innominated contracts on four perspectives which are legislative origins, models of legal adjustment, autonomy of private law and freedom of contracts and so on.In Section Ⅱ, the author elaborated status of innominated contracts on our contract law. Firstly, the author thinks that this classification is relative. Since there are some features of innominated contracts, such as multivariate subjects, extensive objects, complication of legal relations, no related stipulations and frequently changed new types, we can't list all types of contract which is unlikely and unnecessary. Secondly, existence of innominated contracts has been decided by freedom of contract and need of civil contacts. To be specifically, innominated contracts are...