Non-defined contract: the concept and constitutive attributes
Non-defined contract: the concept and constitutive attributes

Summary/Abstract: The structure of the non-defined contract meets the modern requirements of a market economy. The benefit of this structure is that it allows creating an inexhaustible number of different varieties of contracts thus exploiting to the full the potential of freedom of a contract. In law enforcement practice, due to a novelty of the contractual structure, difficulties arise in the qualification of a non-defined contract. If the non-defined contract is incorrectly qualified, it is later identified as a contract of a different type; such that, an incorrect legal regime is applied that may result in an unjust decrease in the autonomy of the parties, invalidity of the contract or the application of a set of other measures of civil liability. The article discusses the characteristic features of non-defined contracts, which are crucial in distinguishing them from defined contracts and allow for the qualification of the terms of the agreement in order to determine the type of contract.

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