The process of creating a typical contract from an atypical contract

Abstract

The aim of the paper is to highlight the process of transformation of an atypical (unnamed) contract into a typical (named) contract, in which the legislator incorporates an atypical contract among other named contracts in a given legislation. What reasons could the legislator have for this? In this connection, the paper discusses the terms „atypicality and merit“ and also briefly deals with the health care contract („Health Care Contracts“ orig. „Smlouva o péči o zdraví“) as a relatively new typical contractual obligation brought to the Czech Civil Code by the recodification of private law.