The Legal Research Of Innominated Contract

The Innominated contract law has not been clearly defined contract form, alsoknown as atypical contracts and famous contract. Law applies; the contract ofunknown and famous contract direct legal provisions can be applied, only through theapplication of the general provisions of our country "contract law" General Provisions.Thus, in the specific judicial practice, as the unknown type of contract developmentand generation of the new contract, unnamed contract law applicable difficulty andcontroversy. Contract Law of the General Provisions of the same to the judge’sdiscretion to put forward higher requirements to unknown contract law applies to achallenge. For unnamed contract law applicable to commence described theintroduction of the controversies and difficulties of the current applications ofunnamed contract law case, focusing on anonymous contract definition andclassification of the different classifications of unnamed contract to expand the legalapplication of analysis and research. Unnamed contract law applicable to promotingoperability in order to address the difficulties of the current law applies, and promotea reasonable solution to unnamed contract disputes, and promote the unity of the legaleffect of judicial activities and social effects, the article topic is divided into fourparts：The first part, the article by introducing two typical nameless contract case,analyze the problems that exist in the current complex and application of law of theunknown type of contract in China;The second part, starting from the basic theory of unnamed contract, first of all toexamine and define the meaning of unknown contract, and unnamed contract theoryto do the research, asked the unnamed contract should be divided intopure-anonymous contracts, hybrid contracts and the quasi-hybrid contract and mixedcontracts in the classification, that the contract simultaneous does not belong to the scope of unnamed contract;The third part of the basic theory and classification of unknown contract, thearticle considers the nameless contract law applies should comply with the uniformrules, and analysis of specific types of unnamed contract law applies for differenttypes of contracts, for example.The fourth part, the discretion of the judge made a simple analysis, that thediscretion of the judge in the unknown interpretation of the contract and the lawapplicable to play an important role, but should also be reasonable restrictions onlegal precedent system.Finally, in conclusion, a brief summary of the article, research, and inadequaciesof the studies analyzed.