Article | REF: C74 V2

Private works contracts

Author: Bernard-Michel BLOCH

Publication date: November 10, 2012

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1. Definition and legal status

In common parlance, the term "private works contract" refers to the various contracts for work and services under which one or more persons (the lessors) undertake to carry out specific work for another (the client), in return for remuneration, in complete independence (unlike a contract of employment) and without representing the client (unlike a contract of mandate).

This definition results from articles 1710, 1711 and 1779 of the Civil Code.

1.1 Distinction between works contracts and employment contracts

What distinguishes a works contract from an employment contract is the independence of the way in which the work is carried out: the lessor (or contractor) is not the employer's servant. The...

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Definition and legal status