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Article Nominate and Innominate Contracts in Law of Certain Countries
Authors Dikovska I.
Name of magazine Scientific journal «Private Law»
Issue 1 (русский язык) / 2013
Pages 279 - 286
Annotation The article deals with the approaches to understanding of nominate and innominate contracts under the law of certain countries, the analysis of regulation methods applicable to the innominate contracts. It has been concluded that the laws of different states have different approaches to the definition of nominate contract. According to the law of some states nominate contracts are the contracts mentioned in the Civil Code. In other countries they are determined as the contracts whose characteristics are defined in the Civil Code or civil legislation. There are several features of innominate contracts: non-mentioning in the respective acts of legislation, non-contradiction to such legislation, compliance with the general principles of civil law. It has been concluded that the analogy of law should be applied to the innominate contracts.
Keywords nominate contracts, innominate contracts, analogy of statutory law, analogy of law.
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