The innommation of Seranvertrags-In romantic – civil refers to a contract that cannot be classified under a particular name. In an Innomino contract, the law provides nothing in addition to the explicit agreement of the parties. If the service is provided without explicit agreement, the price or compensation can be determined by: 1.Do ut of (I give and give) – is an agreement in which A B will give one thing for B A to give something else. Since Bunge v Tradax in the House of Lords, the term “innominate” has been used regularly. Lord Scarman`s speech in this case briefly describes the differences between conditions, guarantees and innuocatory terms. But how do you distinguish a sales contract from a business contract? The main distinction between a construction contract and a sales contract is the obligation for the contractor to carry out the work and provide the object of the contract. On the other hand, in the sales contract, the seller is required to transfer the property and property to the subject of the contract. Under Swiss law, a sales contract is defined as an agreement under which a party, the seller, agrees to deliver a property and transfer ownership of that subsidy to the other party, the buyer, who in turn agrees to pay the agreed price. Violation of an anonymous clause therefore depends entirely on the nature of the offence and its foreseeable consequences. The test used in the case to determine whether there was a breach of a notion of innuncition was as follows: it should be noted that the development of these types of contracts was not uniform and took place at different stages throughout the life of Roman jurisprudence. It is generally accepted that the appearance of these forms has helped to fill the perceived gaps in the codified law. Nicholas proposes, for example: “The four real treaties and four consensual contracts, with the verbis and literis treaties, exhaust the institutional list of treaties, but the list leaves gaps and uncertainties.
It leaves gaps because it excludes several types of common agreements, such as. B exchange or agreement that requires payment of a reasonable price (. B, for example, an agreement on the manufacture of repairs, the extent of which cannot be precisely foreseen). This leaves uncertainty, because while it may be clear that a particular agreement is a contract, there are doubts about the particular title under which it should be placed. This assessment is reflected by Borkowski and du Plessis: “Their [nominated” contracts ™] The development is largely due to the fact that the number of treaties in Roman law was quite limited in much ™ Rome.