Auftragsvertrags

An Auftragsvertrag is a type of contract in German law that is distinct from an employment contract (Arbeitsvertrag) and a service contract (Werkvertrag). It falls under the broader category of service contracts but has specific characteristics. In an Auftragsvertrag, one party, the contractor (Beauftragter), undertakes to perform a specific service or to manage a specific matter for another party, the client (Auftraggeber). The defining feature is that the contractor is typically not obligated to achieve a specific result or success, but rather to diligently endeavor to perform the agreed-upon service.

Unlike an employment contract, the contractor in an Auftragsvertrag is generally not subject to the client's direct instructions regarding the manner and time of performance. They are often considered independent and may have discretion in how they execute the task. The remuneration for an Auftragsvertrag is usually based on the effort expended rather than a fixed outcome. This type of contract is commonly used for activities like providing advice, legal representation, or acting as an agent where the outcome is not entirely predictable or within the contractor's sole control. The legal framework for Auftragsverträge is primarily found in the German Civil Code (Bürgerliches Gesetzbuch - BGB).