Contract Classification: Typical vs. Atypical Contracts

Posted on Jun 18, 2024 in Law & Jurisprudence

Unilateral and Bilateral Contracts

Bilateral contracts create reciprocal obligations for both parties, while unilateral contracts create obligations for only one party.

Onerous and Gratuitous Contracts

Onerous contracts involve an exchange of value, while gratuitous contracts do not.

Consensual, Real, and Formal Contracts

Consensual contracts are perfected by mere consent, real contracts by delivery of a thing, and formal contracts by a special form (e.g., a written document).

Typical and Atypical Contracts

Typical contracts are those for which there is a legal framework, while atypical contracts are those without a specific legal framework.

Contractual Freedom

Parties are generally free to enter into contracts as they wish, even if they modify or replace the legal framework for a particular type of contract.

Eligibility and Validity of Atypical Contracts

The admissibility and validity of atypical contracts depend on their social and economic context and the limits of private autonomy.

Discipline of Atypical Contracts

The discipline of atypical contracts is primarily based on the contractual rules established by the parties, supplemented by general rules for obligations and contracts. In the absence of express rules, the judge may apply analogy to similar contracts or establish new rules.