"Innominate contracts in Corporate Law: Contractual Atipicity between socially typical agreements and new contracts".
Innominate contracts; Private autonomy; Freedom of contract
This project intends to analyze innominate commercial contracts and the need for creating qualification and control parameters both to socially typical agreements and new contracts. The thesis, hence, looks forward to investigate the conformation and validation mechanisms, by state law, of innominate agreements structured bymarket agents, in a way by which one may identi fy the process for legiti mizing those agreements by the Judiciary. For that, the project intends to tackle the current developments of private autonomy and freedom of contract, according to the concepts of New Institutional Economics and Economic Sociology. Furthermore, the thesis intends to examine de dynamics of commercial contracts and their validation by case law through the conformation of innominate agreements and the signaling for markets by the state law. Finally, the thesis looks forward to identify the control parameters that are applicable to innominate contracts.