subject of the contract - this is one of the basic concepts of contract law.Written form agreement between the parties is the essential terms - the inherent characteristics, without which it does not make sense.In their absence, it is impossible to advance legal consequences.As a rule, in the text of the law in each case essential conditions prescribed.But, according to the Civil Code, the subject of the contract is such, even if it is expressly provided by Article.
are inherent in any contract essential condition for obvious reasons, was the basis of one of the basic classifications of agreements.Thus, the subject of the contract delivery - a raw material extracted products, capital goods and fuel.This includes materials which have been manufactured.The definition of this type of contract, the Civil Code, does not contain any reference to the essential condition.Consequently, it is about what an agreement - provided materials.
subject of the credit agreement, in turn, represents the cash.The latter, however, presents no specific banknotes and Regulations.The reason is that the lenders provide their customers with financial assets in non-cash form.So, in fact, the contract establishes a change of ownership sum of money under certain conditions.
Thus, the subject of the contract - is an individualized object, about which there are legal relationships between subjects.The accuracy and correctness of the definition depends on the essential condition to consider the possibility of a particular type of contact as a separate and unique form of agreement.
improperly formulated subject of the contract in this case can result in not only a change in the classification and study of the contract as a type of an existing type of transaction, but also practically significant consequences.The latter may be presented as a general propagation characteristics agreement located higher in the hierarchy, on the contract which erroneously considered as its subspecies.
a result of the transaction shall have a legally significant qualities, initially did not treat her, changing the nature and legal consequences of the contract.Civil trafficking continue to need in a unique contract, the subject of which was properly individualized and updated legislation of another unclaimed norm, besides unsecured effective mechanism for implementation.
economic activity develops, forcing the right to adapt, and the legislator develops (or borrow) new forms of legitimation of economic relations.Of course, the practice presents situations that require individual attention and regulation.But the analysis of civil practice allows us to conclude that the current state of contract law conforms to the essential needs of economic agents.At the same time the correct solution of topical issues of the sub-sector (Institute of?) The legislation would allow economic activity to develop an even more impressive rate.
