establish an economically unified11, though legally not independently regulated transactional relationship12. These contracts are regulated neither in the Civil Codes nor in special law provisions outside the Civil Codes (at least not in their entirety, from their formation and conclusion to their fulfilment, or material breach). Consequently, in such contracts, the issue of applicable law arises, since there are no precise provisions due to their innominate character13. Apart from the general rules of law and of concluding contracts (see chapters 8.1-8.4), their analogous application, on the terms and under the prerequisite of analogy14 of provisions of a related nominate contract, is not excluded (see chapters 8.5-8.7)15. These innominate contracts often comprise an amalgam of elements originating from several contractual types. Therefore, they are called compound (or mixed) contracts16. One of these types of contracts is the catering contract (lato sensu) or the restaurant catering contract (strictu sensu)17. The restaurant contract may take many forms in view of the freedom of the contracting parties18. However, the general framework of applicable provisions 11 Apostolos Georgiades, New forms of contracts, 6th ed., 2015, Nomiki Bibliothiki: Athens, in the preface, in p. 1-4 and passim. 12 Michael Martinek, Moderne Vertragstypen, Band I (Leasing und Factoring), 1991, C.H. Beck Verlag: München, p. 4, 19 et seq., 21 et seq. (and passim). 13 See for the so called principe d’un code ouvert, Amstutz & Morin, supra n. 9, Rn. 6. 14 See for the prerequisites for an analogy in these cases, something which in any case do not indicate a gap in the law, Amstutz & Morin, supra n. 9, Rn. 34; in generally compare Ernst A. Kramer & Ruth Arnet, Juristische Methodenlehre, 7. Aufl., Stämpfli: Bern, 2024, p. 227 et seq., 251 et seq., 252 et seq., 267. 15 Stathopoulos & Karampatzos, supra n. 10, Nos. 29, 332. 16 Stathopoulos & Karampatzos, supra n. 10, Nos. 29, 332. See also Volker Emmerich, in Münchener Kommentar zum Bürgerlichen Gesetzbuch: BGB, Band 3: Schuldrecht - Allgemeiner Teil II: §§ 311-432, 10. Aufl., C.H. Beck: München, 2025, § 311 Rn. 32-35; Markus Gehrlein, in Heinz Georg Bamberger, Herbert Roth, Wolfgang Hau & Roman Poseck (ed.), Bürgerliches Gesetzbuch: BGB, Band 1: §§ 1-480, Kommentar, 5. Aufl., C.H. Beck: München, 2023, § 311 Rn. 22. 17 It should be clarified that catering is not only an on-site restaurant service, which includes the ability not only to cook, but also to effectively serve dishes and drinks at a certain time and place (room) indicated by the client (restaurant catering or catering stricto sensu); but also it provides these services outside the premises of a restaurant enterprise. Therefore, catering (lato sensu) could be providing restaurant services in special locations for events, as in nature or in premises that are not restaurants. In other words, although the concept of catering belongs to services provided by restaurant enterprises, catering conducts services even outside restaurant establishments, in places chosen by customers of the catering services. Therefore, catering (lato sensu) should be understood as an independent type of entrepreneurial activity or an additional service of a restaurant establishment, which consists in providing a service for organizing food and drink, on-site service of events of various purposes, retail sale of ready dishes and drinks in places chosen by customers. 18 For the freedom of types (in German: ‘Typenfreiheit’) as a reflection of private autonomy (in German: ‘Ver-� tragsfreiheit’), the fundamental right to conclude contracts, see Ernst A. Kramer, in Berner Kommentar VI: Das Obligationenrecht, 1. Abt.: Allgemeine Bestimmungen, 2. Teilbd., Unterteilbd. Ia: Inhalt des Vertrages, Kommentar zu Art. 19-22 OR, Stämpfli: Bern, 1991, Art. 19-20 N 49 et seq. 63 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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