Автор: Аллавердян Александра Василовна, Карнушин Вячеслав Евгеньевич

Authors: Vyacheslav E. Karnushin, Alexandra V. Allaverdyan
CONTENT OF THE CONCEPT OF AN UNNAMED CONTRACT

ABSTRACT
The subject of this article is the norms of Russian legislation and law enforcement practice containing and disclosing unnamed agreements. The definition of the content of the construction of an unnamed contract is based on the establishment of criteria for distinguishing between the concepts of a named contract, an unnamed contract and a mixed contract.
In the content of the work, the main feature that distinguishes the existing non-named contracts from those that existed in ancient Roman law is the defense of claims. The definitions of an unnamed, mixed contract through the presence of essential and other imperative conditions established by law are proposed. The main approaches to the interpretation of an unnamed contract are considered, as well as the signs of mixed and unnamed contractual structures are identified.
The object of study is the social relations that develop between counterparties when determining the terms of the contract.
In the work, systemic and structural-functional methods have found their application, which have become the basis for the analysis of the legal regulation of the construction of an unnamed contract. The main methods were the general scientific dialectical method, complex and comparative analysis. In the process of resolving the problem, a systematic approach was also used, including normative and theoretical analyzes of the relations that arise when conditions are included in the contract that are not regulated by the current legislation.
Based on the results of the study, criteria for delimiting contractual structures were developed and the distinctive features of an unnamed contract were identified. The results of the analysis can be implemented in the educational process, in such disciplines as civil law, contract law, as well as within the framework of various special courses in secondary and higher legal schools.
The novelty of the work lies in the fact that the existing research works do not contain a clear definition of the place of an unnamed contract in the system of contractual structures, as well as its distinctive features. Accordingly, the provisions and conclusions identified and contained in the study can serve as the basis for subsequent research on the problems of identifying certain types of unnamed in private law.
The authors come to the conclusion that the construction of an unnamed contract is completely independent, embodying the principle of freedom of contract to the maximum extent and can be considered as general theoretical and intersectoral, but its application in other branches of law is always difficult due to the restrictions imposed by the method of legal regulation.

Ключевые слова: Поименованный договор; непоименованный договор; смешанный договор, свобода договора.
Key words: Named contract; unnamed contract; mixed contract, freedom of contract.

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Предметом исследования настоящей статьи выступают нормы российского законодательства и правоприменительная практика, содержащие и раскрывающие непоименованные договоры. В основе определения содержания конструкции непоименованного договора положено установление критериев разграничения понятий поименованный договор, непоименованный договор и смешанный договор.