Innominate contracts


Also found in: Legal.
(Law) in the Roman law, contracts without a specific name.

See also: Innominate

References in periodicals archive ?
Detailed specifications subject of the public contract is listed in the binding pattern innominate contracts (hereinafter also referred to as "the Treaty"), which forms Annex.
Traditional American courses in contracts did not systematically explore a series of nominate contracts, nor did the courses typically distinguish nominate from innominate contracts.
On nominate and innominate contracts in Louisiana jurisprudence, see generally Herman, Detrimental Reliance in Louisiana Law, supra note 10, at 728-32.
These sentences make clear, too, that sale-purchase differs from donation and liberal promise as well as from all other contracts in which an interchange of things other than commodities and prices takes place, for example, in exchange, loan, and all innominate contracts.
Because of what we have added to indicate that it is a contract in which a good is exchanged (not something that is done or a service) for another good, the other three innominate contracts are also excluded, that is, those that are known as do ut facias, facio ut des, and facio ut facias, in which at least one of the parties is exchanging something that is done or a service.
note: Innominate contracts are those that lack any special nomination or classification in the law.
It also uses the word exchange to refer to many contracts, which are not specifically exchanges but are, rather, buying, renting, and other innominate contracts.
Buying, on the one hand, and bartering--which is an innominate contract (3)--and the other innominate contracts on the other, are different because buying is a contract specifically provided for by the law, (4) while the others are not.
66) This is not a true doctrine because everyday the opposite is done from Medina to Lisbon and Flanders and from there to Medina, the practice of which is licit whether by way of real purchase or by way of barter or other innominate contracts, as we go on to prove below.
10) It is possible for the person who has money in Medina to buy or try getting by way of barter and exchange other money that is in Flanders for less than what it is worth over there, and then obtain it there, and buy or try getting by barter and other innominate contracts with it other money that is in Medina for less than what it is worth there and in this way increase his assets.