2016
Dorin CIMIL, Preliminary Discussions on the Legal Framework of Complex Contracts
Abstract: The
legal regime of complex contracts is applicable to other types of contractual
statements until the moment of their legal consecration. The distinction
between the legal framework of complex and mixed civil contracts is thus clear:
the first ones contain different elements of contract, for which special rules
or regulations concerning the contract which is the most analogous one can
apply, while mixed contracts, which are also composed of different
contractual elements, the law fixes a
preset judicial framework and does not allow for special rules to govern their
content.
Key-words:
complex contract, nominate/unnamed contract, elements of various contracts,
coexisting systematic criteria, constitutive contractual parts, the unique type
of provision, legal interaction and compatibility, integrated or mixed
contracts, Schwerpunktlegal order
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