In civil law, service contracts are also called civil or legal contracts. Trust the highly qualified lawyers in the process of preparing service, contracting or civil-legal contracts for both legal and natural persons.
A service contract is one of the types of civil law contracts regulated by civil law. Service contracts, unlike labor contracts, are based on the outcome of the work, rather than the process. Therefore, there are some differences between the rules of their compilation and the requirements they must meet.
According to Article 390.1 of the Civil Code, “Individuals and legal entities can freely conclude contracts and determine the content of these agreements. They may also sign contracts not envisaged by this Code but not contrary to it. ”
According to Article 28 of the Civil Code, an individual's civil legal capacity is the ability of a person to acquire and exercise civil rights through his actions, to create and exercise civil duties.
The civil legal capacity of an individual is fully formed when he or she reaches eighteen years of age. That is, an individual may sign a service contract when he/she reaches 18 years of age. The service contract shall be signed between the customer and the contractor for the provision of any Service.
Service contracts may be concluded between individuals and legal entities. However, in practice, these contracts are often offered by legal entities. Several important factors, such as the amount of work to be done, the amount and the date of completion, are at the heart of service contracts. However, in many cases, failure to include these terms in the list of important conditions for the contract, due to the lack of knowledge of the legislation, results in further complications.
There are several differences between service and employment contracts. First of all, it is important to note that when a service contract is concluded, a workbook is not opened and no length of service is considered, the absence of a contract in the future will adversely affect retirement benefits, employees will be deprived of their paid leave and other compensations.
Substantial differences can be illustrated by the fact that they are not eligible for benefits if they are injured or suffer from an occupational disease, temporarily lose their ability to work, and submit a health record.
Article 777 of the Civil Code states that a person who undertakes an obligation under a contractual obligation (the recipient) undertakes to perform the transactions, works or other services entrusted to him by another person (the attorney) without guaranteeing the result. The contract of employment may be concluded both in oral and written form.
The form of the agreement concluded by the assignee on behalf of the assignee does not affect the form of the contract of engagement itself. However, the power of attorney must be not only written but also notarized when the transaction on its basis requires a notary form.
The contract enters into force after the assignee accepts the assignment. The subject of the engagement contract is the execution of any transaction for the assignee to grant the power of attorney.
The contract can be concluded both verbally and in writing. However, most of the contractor contracts, except for almost any domestic contractor contracts, are in writing. Under the contract, the contractor undertakes to perform the work specified in the contract and to present it to the customer, and the customer agrees to accept the result of the work and pay the contractor the agreed salary.
If the customer is a government agency, the contractor's contract must be in writing. Contracts are usually concluded on the initiative of the customer. The contract is to be executed within the period specified in it. The contract may specify both the start and end dates of the work.
According to Article 427 of the Civil Code, if no timeframe is provided, the contractor shall commence the work immediately without undue delay.
According to Article 428.1 of the Civil Code, the contractor may execute the contract ahead of time, unless the customer refuses to obtain the contractor's conclusion for good reason.
Legal service related to service contracts
Our company develops service contracts for both legal entities and individuals. The main criterion for us is the fact that both parties, including the customer and the contractor, have all the rights and obligations associated with the work to be done when preparing the service agreement.