The history of the development of non-defined contracts in the civil law of Kazakhstan, Latvia and Germany Cover Image

История развития непоименованных договоров в гражданском праве Казахстана, Латвии и Германии
The history of the development of non-defined contracts in the civil law of Kazakhstan, Latvia and Germany

Author(s): Salavat L. DILMUKHAMETOV
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Baltijas Starptautiskā akadēmija
Keywords: non-defined contract; Roman law; contract law; the principle of “pacta sunt servanda”; freedom of contract;

Summary/Abstract: Non-defined contracts are an integral part of any market economy. Despite its undeniable nature and wide application in contract practice nowadays, the non-defined contract has gone through a very long and complex path of its legal development before it finally becomes established as a fundamental element of freedom of contract and self-supporting unit in the system of civil contracts of Kazakhstan, Latvia and Germany. Based on historical and legal analysis, the author considers the main stages of development of atypical contracts construction in the civil law of Kazakhstan, Latvia and Germany. Also, in the article the initial period of development of non-defined contracts in Roman and canon law is investigated.

  • Issue Year: 48/2018
  • Issue No: 1
  • Page Range: 17-28
  • Page Count: 12
  • Language: Russian