1. Subject matter
The subject matter refers to the rights and obligations existing between the two parties to the contract, such as delivery of goods, delivery of labor services, delivery of engineering projects, etc. It is a necessary condition for the establishment of a contract and an essential clause of all contracts.
The types of subject matter generally include property and behavior, of which property also includes things and property rights, specifically movable properties, real estate, creditor's rights, property rights, etc.; behavior also includes actions, omissions, etc.
2. Subject matter
The subject matter refers to the object to which the rights and obligations of both parties are directed. A specific term used in a commercial sales contract, the subject matter refers to the object or commodity referred to in the sales contract. For example, in house leasing, the subject is the house leasing relationship, and the subject matter is the leased house.
The subject matter and the subject matter do not exist forever. A contract must have a subject matter, but not necessarily a subject matter. In a contract for the provision of labor services, the subject matter is the labor relationship between the parties. In a labor service contract, there is no subject matter.
Extended information:
The subject matter of the sales contract has the following legal characteristics:
1. The subject matter of the sales contract must be something that is permitted to be sold by law and is prohibited Or restricted circulation items cannot be used as the subject matter of a sales contract.
2. The subject matter of the sales contract is something that the seller owns or has the right to dispose of. The seller is generally the owner of the subject matter. However, according to legal provisions or according to the agreement between the parties, non-owners who enjoy the right of disposal can also serve as sellers, such as mortgagees, brokers, people's courts, etc.
3. The subject matter of the sales contract does not need to currently belong to the seller. Buying and selling another person's property is still valid. However, if the ownership of the property cannot be obtained and transferred to the buyer, the party will not be liable for damages due to subjective reasons.
4. The subject matter of the sales contract does not need to exist now. Items produced or produced in the future may also become the subject matter of a contract of sale. When the time limit for delivery of the subject matter stipulated in the contract arrives, if the subject matter still does not exist, it cannot be treated as performance.
5. The subject matter of a sales contract does not need to be specified at the time of sale. Non-specific items can also be the subject matter of a sales contract.
6. The subject matter of the sales contract must not be something that the seller specially manufactures for the buyer or that the buyer provides most of the important materials needed for manufacturing. Otherwise, it is not a sales contract but an undertaking contract.
Reference materials: Subject-Baidu Encyclopedia ? Subject matter-Baidu Encyclopedia