“A] the personality service contract contains obligations that imply such a relationship of personal trust that the parties wish to honour exclusively by the engaged party. In a personal service contract, the personality of one of the parties is material. No party can provide benefits, with the exception of the party mentioned in the treaty, unless the parties agree otherwise. Personal services are not “those that can be provided by others as well as by the person with whom the contract was entered into.” Thus, the term “personal contract” has many, many different uses and should not be confused with other types of contracts. Personal contracts must meet all the basic requirements of a valid contract to be legally applicable. This may include conditions such as price, delivery dates, payment method, etc. 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). “The fact that certain contractual rights and obligations, which are generally found in personal service contracts, cannot be surrendered without the agreement of the other party is an established rule of law.” In other uses, the term personal contract can be used to describe: A personal contract can also be used in somewhat informal situations, such as.
B.dem the sale of 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. “In principle, contractual rights and obligations can be transferred. Notwithstanding the general rule … Some categories of contracts are not classified in their nature, for example. B promises of marriage or commitments to personal services requiring special skills, science or qualifications. If the rights arising from the contract are accompanied by obligations to which the contractor must discharge and such a relationship of personal trust implies that the exercise of the rights and obligations that he must fulfill alone must be considered, the contract, including his rights and obligations, cannot be transferred without the consent of the other party. The main reason why a personal contract should be used is, in order to avoid confusion, especially if one or both parties act as representatives or representatives of a business organization. In the case of out-of-company transactions, it is extremely important that parties do not use business documents or forms to conduct personal transactions.
“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 Personal contract can be very useful for the legal application of a transaction or agreement.