?
Методологические подходы к проблеме классификации атипичных контрактов
Thе article undertakes a comprehensive examination of methodological approaches actively debated in Germany and other Western European legal systems, particularly those employed to determine the place of atypical contracts within the framework of contract law. The study aims to identify the advantages and disadvantages of typological and abstract-conceptual modes of legal reasoning, as well as to explore the potential application of the typological approach as a foundation for understanding atypical (mixed and unnamed) contracts in civil law. To this end, the article provides an overview of traditional perspectives on these methodological approaches, presents examples of typological and conceptual reasoning in practice, and discusses the principal criticisms raised against analysing contracts through the lenses of „type“ and „concept“. The study con cludes by affirming the viability of applying the typological approach to the analysis of atypical contracts within the system of domestic contract law.