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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