Qualify it: courts and errors in contract names
The Civil Code does not provide for such concepts as legal qualification or re-qualification of transaction. However, as a matter of practice, the courts have to deal with it frequently – for example, where the parties to a contract, either intentionally or mistakenly, named the contract incorrectly or failed to name it at all. What contracts do courts requalify the most frequently, and what is worth special attention in order to be right about the type of obligation.