In law, there is a special type of contract known as 人身依附性a contract. The characteristic of this kind of contract is that its performance depends on a specific person. This means that only a specific person can perform the obligations stipulated in the contract, and if this person cannot perform, then the contract cannot be performed. Typical examples of personally dependent contracts include creative contracts for artists, competition contracts for professional athletes, service contracts for doctors or lawyers, etc.
Take, for example, an artist's creative contract. An artist's creation is a highly personal work that depends on the artist's creativity, skill and feelings. When artists sign a creative contract, they commit to creating a work of art. This type of contract is personal because only the artist can create the work of art. If the artist is unable to complete the work, whether due to illness, death or other reasons, then the contract cannot be fulfilled. It is impossible to find another person to replace the artist to complete this work, because this work depends on the artist's personal creativity and skills.
Secondly, the competition contract of a professional athlete is also an example of a personal attachment contract. When a football player signs a contract with a football club, he commits to playing for that club. This contract is personal, because only the athlete can fulfill the obligations of this contract. If the athlete is unable to play due to injury, then the contract cannot be fulfilled. While clubs can find other athletes to replace them, they cannot fulfill contractual obligations in place of the original athlete, as each athlete has their unique skills and abilities.
Finally, a doctor's or lawyer's service contract is also an example of a personal dependency contract. When a person hires a doctor or lawyer, the contract they sign is dependent on the doctor's or lawyer's expertise and skills. If the doctor or lawyer is unable to provide the services, whether due to illness, death or other reasons, then the contract cannot be performed. No one else can be found to replace a doctor or lawyer because their expertise and skills are unique to the individual.
However, not all contracts are personally binding. Below I will give examples of the types of contracts that are not physically binding.
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Sales contract: A sales contract refers to a contract in which the seller transfers the ownership of the goods to the buyer and the buyer pays the consideration. The performance of this type of contract does not depend on the identity or specific ability of the parties, as long as the goods can be delivered and the consideration can be paid, anyone can perform it. For example, Company A signed an electronic equipment sales contract with Company B. Both the CEO of Company A and the employees of the sales department can complete the task of delivering electronic equipment, so this contract is not personally dependent.
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Lease contract: A lease contract refers to a contract in which the lessor leases the right to use the item to the lessee, and the lessee pays the rent. Similarly, the performance of this type of contract does not depend on the identity or specific capabilities of the parties, as long as it can provide the right to use the item and pay the rent, anyone can perform it. For example, Company C signed an office building lease contract with Company D. Both the financial department and the administrative department of Company C can receive the rent and provide the right to use the office building. Therefore, this contract is not personally dependent.
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Loan contract: A loan contract refers to a contract in which the lender lends a certain amount of currency to the borrower, and the borrower promises to return the loan and pay interest within the agreed time limit. The performance of this type of contract does not depend on the identity or specific ability of the parties, as long as the loan can be provided and the loan and interest can be repaid on time, anyone can perform it. For example, Bank E signed a loan contract with Company F, and both the loan department and the risk management department of Bank E can issue loans and receive repayments, so this contract is not personally dependent.