Civil Code > TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES 4

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Chapter 4. Hiring of intellectual work

Art. 2632 – Provisions applicable.

(1) A contract relating to the performance of services of an intellectual character shall be subject to the provisions of the following Articles.

(2) The provisions of the preceding Chapter shall also apply in so far as they are consistent with these provisions and the relationship involved (Art. 2610-2631).

(3) Nothing shall affect the provisions of special laws relating to the exercise of certains professions.

Art. 2633 – Personal nature of obligation.

(1) Whosoever hires out his work shall carry out his obligations personally.

(2) He may however employ assistants, under his control and on his own responsibility, where such collaboration is allowed by the contract or usual practice and is not incompatible with the object of the contract.

Art. 2634 – Advances by client.

(1) The client shall make an advance payment to the other contracting party for the expenses necessary to carry out the work.

(2) He shall also grant him, where it is the practice, instalments on his remuneration.

Art. 2635 – Excessive payment.

The remuneration agreed between the parties may be reduced by the court where it is so excessive as to be contrary to the etiquette of the profession of the person hiring out his work.

Art. 2636 – Required care and responsibility.

(1) Whosoever hires out his work shall undertake to carry it out in the best interest of his client, conscientiously and in conformity with the practice and rules of his profession.

(2) He shall not be liable to his client, unless he commits an error, having regard to the rules of his profession.

(3) The error may consist in an omission or an act detrimental to his client.

Art. 2637 – Termination of contract. – 1. By the client.

(1) The client may at any time terminate the contract.

(2) He shall in this case compensate the other party for his expenses and pay him a fair remuneration for the work that he has completed.

Art. 2638 – 2. By the other party.

(1) Whosoever hires out his work may terminate the contract at any time.

(2) He shall in such case return to the client any advances that he has received on account of his remuneration and expenses.

(3) The termination of the contract shall be effected, under pain of damages, in such a way that the client will suffer the least possible prejudice thereby.

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