Unnamed Contract Research

Anonymous contract is a contract law does not expressly provided for form, and well-known contract correspond. In practice, well-known law directly applicable to the contract, but the contract is only applicable to civil or unknown "contract law" the general provisions of General Yihuo based "contract law" applicable to its most similar to the famous contract law. This allows the judiciary in dealing with unknown contract disputes, often there is no direct legal basis, only the general legal principles applicable provisions of the referee, but also understanding of the law because the judge there are individual differences, resulting in the referee results vary widely, it is difficult reunification This work brought to justice very difficult. And coupled with rapid economic development and social progress, the transaction form increasingly diverse, more and more anonymous the resulting contract, the contract issue has been more and more prominent unknown and need to be resolved, which requires the contract we should be doing anonymous system and in-depth research to improve the relevant legal provisions, to better guide the judicial practice. This article is based on this, focus on the unnamed contract by the theory of classification and legal rules in the proposed view of the "Contract Law" complete unknown number of legislative proposals under the contract in order to achieve the more obscure operational contract Law sex, more saving judicial costs, the administration of justice more fair and equitable results. This article is divided into four parts, the specific structure is as follows:In the first chapter, the author first of all through the Roman, France, France, Germany and France, there is the unknown in Taiwan or the system of contract theory, horizontal or vertical presentation of the unknown production and the contract development process; Second, for unknown contract were defined and presented the five characteristics of a nameless contract; finally, describes the legal basis of the three unnamed contract:statutory law, private autonomy and freedom of contract.In the second chapter, the author introduces the theory of classification of anonymous contract, the contract will be divided into the unknown:unknown pure contract, hybrid contracts and quasi-mixed contracts, hybrid contracts are divided into:a double combination of the hybrid contract, type of combined with the hybrid contract, the main from the complex integration of mixed-type hybrid contracts and contract. The author also conducted a study of simultaneous contracts, that contract is the contract itself should be simultaneous a special combination of form, the contract does not belong to certain well-known, but not a nameless contract.In the third chapter, the author first proposed the anonymous nature of contract law applicable to the general rule that when dealing with contract disputes unknown legal order should be applied as follows:1, according to the meaning the parties; 2, based on General Principles of Civil Law and the "Contract Law" General requirements and different unknown specific legal rules in the contract; 3, according to custom and precedent. Secondly, the specific legal rules in the contract anonymous conducted research on the different characteristics of different types and has a sub-contract case dealing with the unknown, according to their own characteristics to determine the appropriate legal rules. Finally, it describes the system of customary and case law applicable to the unknown active role in the contract and recommended the establishment of appropriate case in our system.In the fourth chapter, the author proposes to solve the unknown contract law applicable to the three legislative proposals that the unknown known of the contract, the type of contract and the famous "Contract Law" the definite classification of anonymous and legal contracts for the abstract. Known unknown of the contract is unknown author recommends contract issues in dealing with legislators to adopt a general nature should be the trend of well-known type of contract is the author proposed a "Contract Law", sub-structure model, can be used as contract law dealing with unknown application of the aid; in "Contract Law" the definite classification of anonymous and legal contracts for the abstract is the core of the legislative proposals put forward by the author.