“A personal service contract is based on a party`s scientific skills, knowledge or knowledge, i.e. on contracts where the personal performance of the promisor is the essence and where the obligation imposed cannot be fulfilled by other people as well as by the promisor itself.” 1 The individual employment contract refers to an interim document between the hiring of the employer and the employee that describes their legal relationship. For example, many companies are separate legal entities alongside the company`s members and shareholders. If a member of the company wishes to enter into a contract with the exception of the company, he or she will enter into a personal contract to prevent legal issues from overlapping with their participation in the company. Even from the Justinian era, around 533 AD. J.C., the law of the Roman treaty moved on the Latin maxim servitia personalia sequuntur personam: personal services follow the person (Book 2 Institutes 374). Individual employment contracts are drafted to reduce the risk of misunderstanding by reminding the parties of their rights and duties. A personal services contract must be applicable. There must be an offer, acceptance of the offer and consideration — something valuable exchanged between the parties. The bakery in the above example considered in the form of a payment of money to the celebrity baker in exchange for appearing and giving confirmation. Each party must have contractual capacity and the contract must relate to a legal purpose. The contract does not necessarily have to be concluded in writing, but a written contract contributes to the protection of both parties.
A personal contract can also be used in somewhat informal situations such as selling a vehicle between two good friends. The formation of a personal contract in such situations helps to provide a written presentation of the transaction. Instead of creating a sense of suspicion among friends, a written personal contract can help encourage parties to act professionally and ethically in fulfilling their contractual obligations. The peculiarity of a personal service contract is that it must follow the person with their own skills. Personal contract can be very useful for the legal application of a transaction or agreement. You can hire a qualified contract lawyer near you if you need help designing, verifying, modifying or negotiating a personal contract. Your lawyer can also help you find remedies for breaches of a personal contract. If a government agency has to do work but does not need a full-time job, it can negotiate a personal service contract.
It can enter into a contract with a company that charges its employees with the performance of the work. An example of a personal service contract with a government agency could be the military that hires a private security company to protect U.S. contractors, such as engineering or construction companies, who work abroad. These contracts must follow government guidelines to prevent the Agency from violating public service work rules and regulations. For example, if the government authority exercises significant and ongoing control over the contractor`s personnel, for example. B Telling them where to work, how they should perform their duties, what equipment they should use and the exact hours they have, the contractor can be considered an employee. Contracts are important instruments to protect the interests of both parties in commercial transactions. They can be used to purchase goods and services or to secure the services of professionals and independent contractors. A particular type of contract is a personal service contract.