ON INTERESTS OF PROPRIETORS IN NON-DEFINED CONTRACTS
The article deals with the interests of owners, in cases of implementation of the principle of freedom of contract, the legal nature of unnamed contracts, the ratio of the interests of owners and other participants in legal relations, the reflection of these interests in legal acts. The main conclusions can be applied both in theory and in the practice of applying the norms of civil law. In civil law, the key role is played not by the name of the contract, which the parties to the transaction indicate, trying to achieve the fastest and most straightforward satisfaction of their interest, but by the real essence of the contract. Qualifying norms should be distinguished from peremptory norms that establish formal requirements for the process of concluding a contract (to the form of the transaction, to state registration, registration of the contract in the form of a single document, etc.). At the present stage of the development of the legal understanding, it is the unnamed treaties that are designed to reflect the subjective interests of individual subjects. Unable to create new types (types, subtypes) of contracts that reflect a legally significant variety of economic turnover in a timely manner, it is necessary to consolidate their concept and attributes.