Unnamed agreement

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Unnamed contract - in Polish law for unnamed contract is considered all contract, not called contract. Due to the principle of contractual freedom, legal relationships governed by an unnamed contract are created by the parties in an arbitrary manner and in accordance with the parties (contrary to named contracts governed by the specific part of the Civil Code). The content of the unnamed contract should not be illegal, ie its purpose, records and effects can not violate any law. The rules used to create unnamed contracts can be used to create the content of mixed contracts, ie those made up of named contracts and unnamed contracts or unnamed contracts with unnamed contracts.

Roman law defined contracti innominati contracts not included in certain contracts, not including rigid contracts of action, stricti iuris, or less formalized real and consensual contracts called actiones bonae fidei (actions of good faith) .

These were informal agreements, mainly mutual benefit, not belonging to the above groups or to the pact of the vestit. Initially, they were not able to be appealed, but only to claim a refund (condictio ob rem dati) in case of non-performance of mutual benefit. If the benefit was due, the claimant was entitled to actio. In time, thanks to the prosecutors, the claim for compensation for damages was estimated using the actio in factum of the estimation contract and the conversion agreement. In the Justinian law, the contracts were those where one of the contractors performed a unilateral service and could file a counter claim by actio praescriptis verbis.

There are 4 types of contracts:

wiki

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