论无名合同的法律适用

无名合同是相对于有名合同而言的。无名合同的存在,是对契约自由原则的尊重,也是为了弥补成文法所共知的缺陷——局限性。区分有名合同和无名合同的意义在于如何适用法律。而研究无名合同的法律适用,首先应将无名合同做合理的分类。通说将无名合同分为三大类：混合合同、联立合同和狭义的无名合同。根据不同的合同类型,适用不同的法律适用方法。通说采用较多的为吸收说、结合说和类推适用说等。

On Legal Application of Innominate Contract

The classification of nominated contract and innominate contract is merely relative. Existence of innominate contract has been decided by freedom of contract and the inherent defect of statute law. Confirming the application of law is the purpose of the classification. When we study application of law of innominate contract, we must identify innominate contract reasonably. Innominate contract can be classified as three types： mixed innominate contract, combined contract and pure innominate contract. There are different applicable rules for innominated contract according to different classification of innominate contract. Scholars generally adopt theory of absorption, theory of integration, theory of inference and so on.