The essence of the complexity of contract types is a holistic equilibrium reached by the collaboration of several typical principal payment relationships with incomplete equivalence,and the difficulty of regulation is the conflicts of application of the provisions on various types of typical contracts.The traditional method of application by analogy ignores the contracting parties'intention to circumvent the application of the provisions on the typical contract,in particular,will lead to errors in the content of rights and obligations.Contract interpretation of the complexity of contract types should follow a holistic approach to evaluation,and the position and weight of each typical principal payment in the overall consideration relationship can reflect the functional ties between the various types of typical contracts constituting the type composite contract,and also determine the method of the norm's application by reference.For the structure of primary and secondary status,the focus should be on excluding the application of the provisions of validity and liability of the subordinate type;for the structure of the contained combination,it should be made clear that the contractual pro-visions of the instrumental type should be applied in a supplementary manner;for the structure of the overlapping utilisation,priority should be given to adopting the theory of contractual fragmentation,where contractual fragmentation is not possible,the provisions of the contract corresponding to the primary purpose of the payment should be applied,and the content of the payment that has not yet been made should be supplemented or the content of the payment that has already been made should be returned,depending on the specific circumstances;for concurrent aggregation structures,the con-tractual characterisation and legal application should be done in the unit of payment aggregates;for the structure of the equipollent opposition,the abstract purpose of payment should be established at first and the method of application by reference should be determined around their treatment of the status of payments.
Complexity of Contract TypesHolistic Evaluation MethodsConsideration Rela-tionshipsStructural PropertiesReference Application
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