The subject of the contract is one of the basic concepts of contract law. The written agreement of the parties has essential conditions - inalienable characteristics, without which it does not make sense. In their absence, the onset of legal consequences is impossible. As a rule, in the text of the law in each case, essential conditions are prescribed. But, according to the Civil Code, the subject of the contract is such, even if it is not expressly established by the article.
The essential condition inherent in any contract for obvious reasons formed the basis of one of the basic classifications of agreements. So, the subject of the supply contract is the extracted raw materials, means of production and fuel. This also includes materials that have been manufactured. The definition of this
type of contract established by the Civil Code does not indicate an essential condition. Therefore, it is what the agreement is concluded on - the supplied materials.
The subject of the
loan agreement, in turn, is cash. The latter, however, are not represented by specific banknotes, but by the
right of demand. The reason is that credit organizations provide their customers with financial funds in non-cash form. Therefore, in fact, the contract establishes a change of ownership of the monetary amount on certain conditions.
Thus, the subject of the contract is an individualized object, regarding which legal relations arise between the subjects. The ability to consider a specific type of contact as an independent and unique form of agreement depends on the accuracy and correctness of the determination of a material condition.
An incorrectly formulated subject of a contract in this case can entail not only a change in the classification and study of the contract as a variation of an existing type of transaction, but also practically significant consequences. The latter can be represented in the form of the distribution of the general characteristics of the agreement, located higher in the hierarchy, to the contract, which is erroneously considered as its subspecies.
As a result, the transaction is endowed with legally significant qualities that were not originally related to it, the essence and legal consequences of the contract are changing. Civil trafficking continues to need a unique contract, the subject of which was incorrectly individualized, and the legislation is replenished with another unclaimed norm, which is also unsecured by an effective implementation mechanism.
Economic activity develops, forcing the right to adapt, and the legislator develops (or borrows) new forms of legitimation of economic relations. Of course, practice presents situations that need an individual approach and regulation. But the analysis of civil law practice allows us to conclude that the current state of contract law meets the basic needs of economic entities. At the same time, the correct solution of pressing issues of this sub-sector (institution?) Of legislation will allow economic activity to develop at an even more impressive pace.