Legal regulation of non-defined contractual structures in civil law of The Republic of Kazakhstan
Legal regulation of non-defined contractual structures in civil law of The Republic of Kazakhstan

Summary/Abstract: A free formation of a non-defined contract is one of the basic elements of the freedom of contracting in the civil law. The appreciation of the merits of a non-defined contract and the clarification of its features has a great theoretical and practical significance. The judicial practice proves that incorrect determining of a non-defined contract, i.e. when a court determines a non-defined contract, as a contract of another kind, will subsequently bring to recognition of this contract as invalid, which entails certain liability, change of tax regime and imposing of penalty for failure or non-prompt payment of taxes.This article is concerned with the legal nature of non-defined contracts and its interrelationship with mixed contracts and the proposed solution to the dispute as to the priority in applying of legal regulation of contracts, defined and non-defined by the laws. The author analysed several kinds of non-defined contracts, commonly used in legal practice. The author also provides the concept of a non-defined contract.A free formation of a non-defined contract is one of the basic elements of the freedom of contracting in the civil law. The appreciation of the merits of a non-defined contract and the clarification of its features has a great theoretical and practical significance. The judicial practice proves that incorrect determining of a non-defined contract, i.e. when a court determines a non-defined contract, as a contract of another kind, will subsequently bring to recognition of this contract as invalid, which entails certain liability, change of tax regime and imposing of penalty for failure or non-prompt payment of taxes.This article is concerned with the legal nature of non-defined contracts and its interrelationship with mixed contracts and the proposed solution to the dispute as to the priority in applying of legal regulation of contracts, defined and non-defined by the laws. The author analysed several kinds of non-defined contracts, commonly used in legal practice. The author also provides the concept of a non-defined contract.

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