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2010 | 3-4(185-186) | 243-271

Article title

The notion of mixed contract

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The issue of mixed contracts in Polish doctrine of civil law returns every now and then. It certainly requires proper solution and proves that attempts at rejecting it as an independent category have not brought us any nearer to solving the problem. For ages, since the Roman times mixed contracts have been the subject matter of thorough analyses and interesting solutions. Also in Polish legal literature the necessity of distinguishing an independent category of mixed contracts has been repeatedly emphasised (see Chapter 2, item 3). Also, many years ago this issue was stressed by M. Sośniak, whose timeless studies were invaluable help when writing this dissertation. A dichotomic division into nominate and innominate contracts imposed on Polish doctrine turned out to be insufficient. This is proved both by the complicated of contemporary contractual relations, which are too difficult to be confined within rigid forms regulated by codes and other acts in the form of nominate contracts, and by caselaw. In the Fascicle 1 (12) 2009 “Studies in Private Law” issued in 2009, Wojciech J. Katner presented an article entitled “The notion of innominate contract” forerunning the publication of the issued in May 2010 Volume 9 Private Law System. Contract Law – innominate contracts. However, the omission of an independent category of mixed contracts in Volume 9 Private Law System, especially for the reason of the reputation of the previous issues, gives rise to disregarding the vast theoretical output related to this category of contracts. Instead of using the output – it is rejected as useless, in the name of maintaining the correctness of logical division without paying more attention to the doctrine analysis. No one doubts the fact that mixed contracts do not manifest full constructive novelty, which constitutes a distinctive feature of innominate contracts. Mixed contracts are more or less a coherent blend of the previously appearing contract elements. The point is, this blend should be so coherent (as opposed to nexus of contracts) that it could justify the existance of a separate, independent contract. The issue raised in this dissertation aims at outlining the extensive theoretical output connected with this category of contracts as well as indicating how it can be used when classifying such such contracts as either a mixed or an innominate contract with different consequences of that.





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  • Uniwersytet Śląski, ul. Bankowa 12, 40-007 Katowice


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Publication order reference


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