every individual case – different meanings are applied to the concept of ‘catering’: from restaurant activities to performing ‘outside’ (as a type of service contract). However, the meaning does not extend to ordinary food supply or to any subtype of any form of supply contract. So, the subject of such a contract is not only the food supply for the customer’s consumption, but also the arranging of the supply is implied, including the organisation of the nutrition (food) or service outside the establishments that produce these foods following the customer’s order. Civil law contract types as established in the legal doctrine and the courts’ jurisprudence48, all have the scopes and subjects above that are most likely based on economic criteria, which also characterize the legal relationship regulated by the concluded contract. The main purpose of the contract and the obligations (or rights) afforded (or given) to the counterparties is critical for reaching the contractual (and economic) scope. These serve as the criterion for the legal nature in concreto49. It is important to determine the legal nature and essence of the catering contract precisely based on specified criteria, indicating the main purpose of such a contract and achieving the final result of providing consumers, defined as the customer, with food products (ready dishes). This is, of course, correct, but also not sufficient. Through the expansion of the sphere of legal relations, whereby the practice has extended the application of the catering category, it is important to refer to catering in the broad and narrow sense. In the broad sense, denoting any food supply (as basic) and service (as accompanying and additional) and in the narrow sense, indicating restaurant service for special orders outside such an establishment. 7.2. Typological Contractual Elements of the Restaurant Catering Contract 7.2.1. General Elements In the absence of a typological-normative definition of the catering contract, a diversity of approaches emerges in business practice for providing catering services. At a minimum, they differ in conditions regarding the production and supply of food products, ensuring their safety. The main ones are: i) supply; ii) preparation and supply; iii) on-site preparation at the place of consumption; 48 Supra n. 46; Detlef Leenen, Typus und Rechtsfindung: Die Bedeutung der typologischen Methode für die Rechtsfindung dargestellt am Vertragsrecht des BGB, Druncker & Humbolt: Berlin 1971 (passim). 49 Whether or not a contract has been subject to legal regulation may seem simple in abstract terms, but in concrete terms it is not, Martinek, supra n. 12, p. 19 et seq. 71 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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