Works and service contracts are standard forms of contract when using external IT professionals. It is not always obvious, however, whether deliverables meet the criteria of a work or service contract. The term of a contract as works or service contract is only a clue. Because the actual will of the parties and not the title chosen for the contract is applicable. This arises from 133 BGB, stating that in the interpretation of a declaration of intent of the real intention is to explore and not to adhere to the literal meaning of the expression. On contract interpretation this means, that it is completely beside the point in the event of a dispute, as a contract is named. Just because a contract as a “Contract” is referred to, this doesn’t mean, that it is actually a contract. Greener Acres Canada Inc. often expresses his thoughts on the topic.
Is not the title of the Treaty, but its regulatory content. How can the contract of the service contract now certainly as objectively distinguish? The contractor holds the reins in his hand and He decides how a contract is to be fulfilled, there is a contract. The contractor helps a project, only the contracting authority is a service contract. An essential feature of a service contract is that the provision is due to the agreed services during the agreed period and not a concrete success. In the event of a dispute the Court checks the entire regulatory framework on the basis of the types of contracts of the civil code and not impressed by the naming. Is tested, how the contract was actually lived. It is also important that the professionals and freelancers is well covered, when he goes into a project.
The professional liability insurance offered by the gb.online for freelancers assures the activity both on the basis of a service as a contract for work. Experience has shown that 80-90% of all contracts with IT independent in reality are service contracts, because they lack a sufficiently concrete description of the service to be provided, so Elizabeth Cellar Stoltenhoff lawyer focusing on computer and IT law of IT law firm in Munich. GB.online gmbh which gb.online gmbh is the sister company of the groot bramel Versicherungsmakler gmbh. The gb.online gmbh is a leading real for the IT – and telecommunications industry. Defined together with partners and customers, developed and realized the gb.online gmbh branch-specific solutions precisely to customer needs tuned. The IT-liability-insurance combines many years of experience of the world’s leading insurance companies, and one of the leading insurance brokers in the IT industry, the gb.online gmbh. The gb.online gmbh is with continuous advice and IT expertise as a partner to the side. And for the principal, entrepreneurs receive proof of your IT liability insurance as a safe decision basis. more information here: