Why Should Parties to a Supply Agreement Be Attentive: Issues of the Consistency of the Subject Matter and Terms and Conditions

Abstract

In this article, the author analyzes the theory of civil law on the obligations associated with the supply contract, namely on the consistency of the subject of the supply contract, examines judicial practice and gives specific examples to justify the possibility of avoiding the recognition of the subject of the contract by the court as inconsistent, and as a consequence of the recognition by the court delivery contract not concluded. The author notes that the subject of the contract should be indicated most specifically, the parties should be careful about the classification of the goods, take into account national and international standards when agreeing on the subject of the contract, pay close attention to the quantity of goods and the rules for indicating it as a condition of the contract. The author points out the insignificance of differentiating goods on the basis of an individually defined thing and a generic one, arguing that the courts are equally demanding in the specification of the goods. The author, considering certain issues from judicial practice, gives recommendations for agreeing on the subject of the supply agreement, gives specific formulations of the terms of the supply agreement, which make it possible to recognize the subject of the agreement as agreed. As a result, the author recommends to the parties to the supply agreement, in order to avoid recognizing the supply agreement as not concluded, the parties need to formulate the subject of the agreement as clearly as possible, namely the conditions for the name and quantity of the supplied goods.