Vladislav V. Vinogradov

The problem of legal regulation of contracts not provided for by the current positive civil legislation has long been the object of scientific research of many generations of scientists. Providing the participants of civil relations with the freedom necessary for them to carry out their activities should be recognized as an essential condition for the effective development of the economy of states based on the principles of a free market. The legal recognition of various atypical private law constructions is precisely one of the manifestations of such freedom. As the main such atypical constructions, most often encountered in practical activity, it is customary to single out unnamed and mixed contracts, which are understood as agreements of counterparties, in respect of which the current civil legislation does not provide for any positive regulation. In this regard, the main objectives of this article are to describe the historical development of the Russian normative regulation of mixed and unnamed contracts; to identify a clear distinction between these atypical agreements among themselves, as well as with the named contractual constructions enshrined in the current civil legislation; to analyse the main doctrinal positions regarding the essence and specificity of mixed and unnamed contracts, including foreign researchers; to find the optimal mechanism for the application of rules for the following types of agreements.