Designating the Subject Matter in an Electronic Sales Contract – A Comparative Analytical Study

Abstract

 This research focuses on the determination of the subject matter in electronic sales contracts. These contracts often raise numerous legal issues, and one of the most significant is the determination of the subject matter. It is well-established that the subject matter is the second essential element of a contract, and all its effects are based upon it. It is generally agreed that there can be no contract without a subject matter. However, the matter is not limited to the mere existence of the subject matter; it must also be precisely defined to eliminate any ambiguity that could lead to disputes between the parties. While determining the subject matter in a traditional sales contract may not present a major or complex problem, this is not the case in electronic sales contracts. This is because the parties are not present in the same place at the time of the contract, nor are they simultaneously present with the subject matter. Therefore, specific methods for determining the subject matter in this type of contract are necessary. Furthermore, the issue extends beyond simply having a method for determination; it involves understanding the rules governing such methods and whether they conform to the general rules of traditional sales contracts or the general principles of the theory of obligation. Alternatively, the unique nature of this type of contract may necessitate different, specific rules for determining the subject matter. The subject matter is as follows: