combination the provisions of each several contractual type68. The problem that arises from the latter theory could be solved by the so called “theory of analogy”69, its basic premise being that the regulations of one contractual type can be applied proportionally, that is to say, each one is accorded the right (analogous) proportion. Apart from direct application, analogous implementation of the applicable provisions is also possible. Finally, the so-called “creative theory” argues that the judge is free to determine the applicable law based on the purpose of the applicable (directly or by analogy) law provisions and on the corrective support of general clauses such as good faith and commercial customs (usages of the business circle) as well as the purpose of the contract70. It is important to note that the legal regulation of a mixed contract depends on the respective rights and obligations derived from it. Subsequently, the determination will be made based on an evaluative assessment of the interests of the contracting parties following interpretation and the corresponding rules of law71. 7.3. Subsumption The restaurant contract contains numerous elements of sale or supply contracts72. However, the main purpose of the contracting parties is not only the property transfer with the purchase and sale of the meal, but the general experience of consuming a meal73. Therefore, beyond sale (causa acquirendi) it has other, equally important elements. Additionally, it does not resemble so much a lease of space74 since the 68 However, it carries the risk of fragmenting the unified character of the contract and furthermore does not require application in mixed-morphic contracts. 69 Stathopoulos & Karampatzos, supra n. 10, Nos. 29-30; Amstutz & Morin, supra n. 9, No. 20; Kornilakis, supra n. 49; Georgiades, supra n. 66, § 3 No. 36 et seq. 70 Stathopoulos & Karampatzos, supra n. 10, Nos. 29-30; Amstutz & Morin, supra n. 9, No. 21; Kornilakis, supra n. 49, § 4 No. 17-18; Georgiades, supra n. 66, § 3 No. 40-41. 71 Martinek, supra n. 12, p. 25 et seq., 31; Kornilakis, supra n. 49, § 4 N 17-18; Georgiades, supra n. 66, § 3 No. 42. 72 Supra n. 62, 63, according to the German and Swiss doctrine. 73 Gastronomy experiences are becoming a fundamental factor that influences the making of a decision regarding choosing a travel destination, as well as being a crucial factor in shaping tourists’ satisfaction regarding their overall travel experience, see Alina Kovalenko, Álvaro Dias, Leandro Pereira & Ana Simões, Gastronomic Experience and Consumer Behavior: Analyzing the Influence on Destination Image, (2023) Foods 12(2) 315 (available at https://doi. org/10.3390/foods12020315, accessed 15 July 2025). For tourists’ food sensory experience, service experience, and environmental experience positively affect their satisfaction and subjective well-being, see Sen Yang, Yi Liu & Liping Xu, The effect of food tourism experiences on tourists’ subjective well-being, (2024) Heliyon 10(3) (available at https:// doi.org/10.1016/j.heliyon.2024.e25482, accessed 15 July 2025). 74 Supra n. 7. Lease of a thing constitutes the contract by which the lessor has the obligation to grant to the lessee 76 APOSTOLOS TASSIKAS
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