Although the safety condition does not appear to be crucial for defining the contractual subject and scope of the catering contract, it is necessary for setting out its legal nature and essence: though the promise of safe quality for sold products is not implied it is a prerequisite for used materials, for the work contract-like safe results. The quality of the serviced products must be safe for the consumer`s health and life. Taking all the above into consideration, the catering contract, deriving from the traditions of the positivist approach, will ensure its normative consolidation, thus contributing to the certainty of the legal nature and essence of the contract85. 7.5. Conclusion The legal nature of the catering contract cannot be defined in a way to ensure that it (the catering contract) is categorised as an independent (single) contractual type of one of the existing nominated contracts. At the same time, it contains contractual elements which are inherent to contracts for transferring property to ownership (sale), i.e. supply contracts, work and service contracts, depending on the presence of individual contractual conditions defined by the parties at the time of its conclusion and also depending on the importance the parties place on these conditions vis-à-vis the legal scope and the economic results of the contract. Going by the economic results and contractual purpose that the parties seek to achieve, as defined by the parties at the time of concluding the contract, the catering contract resembles a supply contract (preparation and sale) and its individual conditions include contractual elements of other nominated contracts (performing work or providing services). Therefore, the catering contract could be defined as an independent (sui generis) type of supply contract, which is determined by its special subject: the provision of food, drinks and similar products (being at the same time compliant with special requirements of its legal regime of these products), providing relevant services (not necessarily in-site restaurant), including the capacity not only to cook, but also to effectively serve at a certain time and place, as indicated by the customer. Of course, even under such an approach, as the one proposed here, and because of the existence of differing contractual elements, the catering contract should always be qualified as a mixed contract. The circumstances-relevant 85 For reasons of legal certainty, the principle that legal issues arising from a mixed contract should be subject to a uniform legal system must be upheld, see Amstutz & Morin, supra n. 9, No. 28. 79 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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