ИСТОРИЯТА НА НЕНАИМЕНОВАНИТЕ ДОГОВОРИ И НЕЗАПОЧНАТИТЕ ДЕБАТИ ЗА ТЯХ В СЪВРЕМЕННОТО НИ ПРАВО
THE HISTORY OF THE INNOMINATE CONTRACTS AND THE DEBATE AROUND THEM IN OUR MODERN LAW WHICH HAS NOT STARTED YET

Summary/Abstract: The article deals briefly with the historical development of the innominate contracts, from mere agreements not fitting into any of the classical categories of the Roman contracts – the formal, real and consensual contracts to a bunch of diverse pacts which were actionable and had a binding character for the parties who concluded them. After the terminological clarifications introduced by the glossators and under the influence of the cannon lawyers, the commercial practices and the school of the natural lawyers there is no further doubt that innominate contracts have the same binding effect between the parties as all typical contracts, e.g. the sale, the lease and the mandate. The principle “pacta sunt servanda” becomes the major concept behind the conclusion of a contract in the European codifications of the XIX century. The next chapter of the article makes an overview of the regime of the innominate contracts in Bulgarian law after the Bulgarian Deliberation until present by rendering the Bulgarian readers a possible answer how to find the rules applicable to the innominate contracts.

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