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  1. #1
    ste.KIKALE is offline Newbie
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    Post "object of the contract" vs "subject of the contract"

    In Law jargon, in order to indicate the specific object of a contract,
    (examples:
    1-"renting of the appartment in XX-.... Street 4th flor, constituted of ...."
    2-"sale of the car Brand: xxx, Model: yyy , chassis n. .....")
    is it more correct to indicate it as "OBJECT OF THE CONTRACT" or "SUBJECT OF THE CONTRACT"?
    Are they both usable?
    Are there slight differencies in the meaning?
    thanks a lot for your kind answers.
    Ste kikale

  2. #2
    BobK's Avatar
    BobK is offline Harmless drudge
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    Default Re: "object of the contract" vs "subject of the contract"

    I'm not a lawyer, and there may be some jargon here. But I would expect 'the subject of a contract' to to be actual words written at the top of a contract, and 'the object of a contract' to be the intention behind it.

    Beware: there is a phrase - 'subject to contract' - where 'subject' is neither noun (stressed on the first syllable) nor verb (stressed on the second). When a house is sold (under British law), a 'sale is agreed' (the buyers say 'Yes, we want it', and the seller says 'OK,') and some time later (possibly months) 'contracts are exchanged'; that's the moment when the buyers own the house. But the agent ('Estate Agent' in Br Eng, realtor in Am Eng) doesn't want to wait a month or two before crowing over their success. So these notices appear outside the house, in this order:

    • For Sale
    • Sale agreed
    • Sold


    The second can have - in tiny writing - subject to contract, either added on or in a diagonal 'flash'. (It's a fancy way of saying 'We're nearly there, just dotting the Is and crossing the Ts'.)

    b
    Last edited by BobK; 20-Mar-2013 at 16:19. Reason: Fix typoes

  3. #3
    Gillnetter is offline Key Member
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    Default Re: "object of the contract" vs "subject of the contract"

    Quote Originally Posted by BobK View Post
    I'm not a lawyer, and there may be some jargon here. But I would expect 'the subject of a contract' to to be actual words written at the top of a contract, and 'the object of a contract' to be the intention behind it.

    Beware: there is a phrase - 'subject to contract' - where 'subject' is neither noun (stressed on the first syllable) nor verb (stressed on the second). When a house is sold (under British law), a 'sale is agreed' (the buyers say 'Yes, we want it', and the seller says 'OK,') and some time later (possibly months) 'contracts are exchanged'; that's the moment when the buyers own the house. But the agent ('Estate Agent' in Br Eng, realtor in Am Eng) doesn't want to wait a month or two before crowing over their success. So these notices appear outside the house, in this order:

    • For Sale
    • Sale agreed
    • Sold


    The second can have - in tiny writing - subject to contract, either added on or in a diagonal 'flash'. (It's a fancy way of saying 'We're nearly there, just dotting the Is and crossing the Ts'.)

    b
    In the US a person who is licensed to sell real estate is called a real estate agent. A REALTOR (always capitalized, a trademark name) is a member of an association. A person can be an agent and not be a REALTOR. I haven't seen a contract with the words, "the subject of this contract" written anyplace on the actual contract. There may be a reference in the contract to the subject matter.

  4. #4
    BobK's Avatar
    BobK is offline Harmless drudge
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    Default Re: "object of the contract" vs "subject of the contract"

    Live and learn.

    b

    PS When I said 'the actual words' I meant something like 'Agreement between N and M in re the sale of the property situate [sic, no d] at ...'. That would be referred to as 'the subject of the contract'. Apologies* for not being clear about this.
    *There's that 'plural', Tan Elaine.

  5. #5
    5jj's Avatar
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    Default Re: "object of the contract" vs "subject of the contract"

    Quote Originally Posted by Gillnetter View Post
    A REALTOR (always capitalized, a trademark name) is a member of an association. A person can be an agent and not be a REALTOR.
    Lots of native speakers and some dictionaries don't seem to know this.

  6. #6
    Gillnetter is offline Key Member
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    Default Re: "object of the contract" vs "subject of the contract"

    Quote Originally Posted by 5jj View Post
    Lots of native speakers and some dictionaries don't seem to know this.
    That's true. The National Association of Realtors (NAR) threatens to sue anyone using the name Realtor if they are not dues paying members of the NAR. If someone asks me if I am a Realtor I usually respond by saying that I am an agent and let it go at that. Afro-Americans formed a competing group some years ago called Realists.

  7. #7
    konungursvia's Avatar
    konungursvia is offline Key Member
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    Default Re: "object of the contract" vs "subject of the contract"

    In Italian and French, Object of a contract is essentially its subject, in English.

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