Empirical Study On Legal Application Of Innominate Contract

With the rapid development of China’s market economy,people have entered into many types of contracts which are not explicitly stipulated by law,that is,nameless contracts.In the trial practice,the famous contract is directly applicable to the provisions of the law,but the legislative provisions of the applicable rules of the law of the nameless contract are not clear,only the general provisions of the contract law 124 is involved.Under the background of lacking or unclear legal norms,the judges have different understanding of the applicable rules of nameless contract law,which leads to the situation that many nameless contract disputes are judged differently in the same case and solved differently in the same law.With the 15 th meeting of the 13 th National People’s Congress standing committee held,the civil code(draft)appeared on the whole at the meeting,the civil code(draft)contract sub-compilation for the first time to clarify the typical contract,and in the sub-compilation added four types of typical contract,which laid a theoretical foundation for the nameless contract naming trend in our country.Through the empirical study of a large number of nameless contract cases,this paper finds that in the trial practice of nameless contract disputes,there are some problems such as fuzzy definition of cause,wrong definition of nature and confusion of law application.In legal practice,it is the duty of the legal person to provide an effective and clear basis of claim for the disputes arising from the contract parties.The author analyzes the reasons behind the application of the law of nameless contract from the legislative and judicial aspects,and explores the legal basis of the application of the law of nameless contract in combination with the theoretical viewpoints of scholars,so as to put forward more reasonable application norms for the disputes of nameless contract.This will be of great significance to the effective settlement of nameless contract disputes,the improvement of civil law system and the progress of judicial practice.