Subject matter: legal consequences of incorrect individualization

The subject of the contract is one of the basic concepts of contract law. The written agreement of the parties has essential conditions - inherent characteristics, without which it does not make sense. In their absence, legal consequences can not come. As a rule, in the text of the law, in each specific case, essential conditions are prescribed. But, according to the Civil Code, the subject of the contract is that, even if it is not directly established by the article.

An inherent 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, the means of production and fuel. This includes materials that were manufactured. The definition of this type of contract, established by the Civil Code, does not contain an indication of an essential condition. Therefore, they are what the agreement is about - the materials supplied.

The subject of the loan agreement, in turn, is cash. The latter, however, are not represented by specific monetary denominations, but by the right of claim. The reason is that credit institutions provide their clients with financial means in a non-cash form. Therefore, in fact, the contract establishes a change in the owner of the sum of money under certain conditions.

Thus, the subject of the contract is an individualized object, concerning which legal relations arise between the subjects. From the accuracy and correctness of the definition of an essential condition depends on the ability to treat a particular type of contact as an independent and unique form of agreement.

Incorrectly formulated subject of the contract in this case may entail not only a change in the classification and study of the contract as a kind of an already existing type of transaction, but also practically meaningful consequences. The latter can be presented in the form of spreading the general characteristics of an agreement that is higher in the hierarchy, to a contract that is erroneously considered as its subspecies.

As a result, the transaction is vested with legally significant qualities that were not originally related to it, the essence and legal consequences of the contract change. Civil turnover continues to need a unique contract, the subject of which was incorrectly individualized, and the legislation is supplemented by another unclaimed norm, moreover, an unsecured 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 an analysis of civil law practice allows us to conclude that the current state of the contract law corresponds to the basic needs of economic entities. At the same time, the correct solution of topical issues in this sub-sector (institution?) Of legislation will allow economic activity to develop even more dramatically.