Contract for specific work vs. contract of mandate – what’s the difference?

A contract of mandate and a contract for specific work are two different types of civil law agreements that often cause confusion among those who enter into them. There are significant differences between them in terms of legal nature, obligations, and responsibilities of the parties involved. In this article, we will discuss the key aspects of both contracts to help you understand their essence and make the right choice when signing a specific agreement.

What is a contract for specific work?

This contract stipulates that one party (the client) commissions a specific piece of work and agrees to pay compensation to the other party (the contractor) upon its completion. The “work” in question usually refers to a tangible or intangible deliverable, such as intellectual, artistic, or scientific output.

The payment for a contract for specific work is typically based on the final result, meaning the completed project or product. The agreement can specify a fixed price or a payment structure based on project milestones.

Ownership of intellectual property rights to the completed work is usually transferred to the client unless the contract states otherwise. This means that the client becomes the owner of the copyrights associated with the created work. Such contracts are commonly used in creative industries like art, design, IT, copywriting, and more.

Importantly, a contract for specific work must pertain to a clearly defined end result, rather than a general provision of services. Unlike employment contracts and contracts of mandate, a contract for specific work is not tied to a specific timeframe for completing the task.

What is a contract of mandate?

Under this agreement, one party (the principal) commits to paying compensation to the other party (the agent) for performing specific services or activities. These services can cover a wide range of fields, such as consulting, accounting, renovation work, or IT services.

In contrast to a contract for specific work, payment in a contract of mandate is usually based on the time worked or services provided, rather than the final result. The agent receives compensation based on an hourly rate, a fixed fee, or another agreed-upon payment structure.

Regarding intellectual property rights, any works created by the agent while executing the contract may remain the property of the agent, unless otherwise agreed in the contract. Additionally, the agreement should clearly outline the scope of work, deadlines, and other details to prevent misunderstandings between the parties.

A contract of mandate is often used for short-term engagements that do not require the completion of a defined deliverable. This makes it a flexible and widely used form of employment under civil law contracts.

Signing a contract for specific work or contract of mandate

Neither a contract for specific work nor a contract of mandate is legally required to be signed in any specific format. This means that even a verbal agreement is legally binding between the parties.

However, it is strongly recommended to sign these contracts in written or electronic form to avoid disputes and misunderstandings. A documented contract helps clarify the terms, obligations, and protections for both parties.

Can these contracts be signed electronically?

Both a contract for specific work and a contract of mandate can be signed electronically. This is the fastest and most convenient method. You can use an advanced electronic signature, such as one provided through the SIGNIUS platform, to finalize these agreements remotely.

However, if the contract involves the transfer of intellectual property rights, a qualified electronic signature is required. This type of signature has the same legal validity as a handwritten signature and can also be obtained and used on the SIGNIUS platform.

Electronic signing of civil law contracts – summary

Signing civil law contracts electronically is a highly convenient solution that significantly speeds up recruitment and contract execution processes. The entire procedure can be conducted remotely, eliminating the need to send physical documents via postal mail and wait for their return.

By using an electronic signature, such as the solutions available on SIGNIUS, a contractor can start their work immediately after signing the contract. Moreover, electronic contract signing enables global employment, allowing companies to hire individuals from anywhere in the world.

Looking for a remote contract signing solution for your HR department?

We invite you to schedule a business consultation with our experts! They will advise you on the best solutions for your company. Contact us at: connect@signius.eu.