An order is a request to another person to carry out a certain action. It is immaterial whether it is a vicarious with or without a rem result. In this respect must be made between a service contract and a production order not initially.
Typical of a job is that he is satisfied or not. In the negative case, there is neither a result of a service nor a thing of a production. In the positive case, there is a result which presents the performer the confirmation from.
Typical of the order is also the response of the performers at the commissioning. This, in turn, receives the result in the positive case at least informed or the thing or in the negative case either.
From the classic, Roman law modeled as a gratuitous contract solicitation that much more complete understanding of the contractual relationship in the Swiss Code of Obligations is to be distinguished.
The use of the term " order" in the legal jargon differs from today's general language use.
This is to be considered in the formulation of contracts. The object, for example, contracts of sale, leases and contracts for work in the legal sense is thus no job content, but a service ( service contract ), a lease ( lease ) or a business ( work contract ) for an appropriate fee according to a price agreement.
In the German civil law of the contract is a legal transaction with which the agent undertakes no charge to get a deal for the customer for a refund.
The job itself is regulated in § 674 BGB 662 to §. On one hand, the order is the basic form of a transaction in which a Party provides to the other Party work performed; other legal materials often refer to the provisions of the contract law. On the other hand, labor services are according to the German civil law principle to be paid (see § 612, § 632 BGB), so that for a " job" in the general linguistic sense often no job, but a service, business or agency agreement exists.
The gratuitousness of the contract means that the agent receives no remuneration. The order is therefore a complacency contract, such as gift and borrowing.
From the benevolence of the performance does not follow that the agent himself would have to cover the full cost of the order. Rather, he can demand compensation for its expenses in accordance with § 670 BGB itself. In return, the Commissioner for publication of the contract by the agency and what has been obtained in accordance with § 667 BGB is required. He is so active on behalf of the principal.
The term " contract " is not only used in legal language for the contract type of contract, but often also referred to the transfer of paid services under various other types of contract ( service contract, work contract, the broker agreement ). In this sense, one also talks of the a lawyer, architect or broker placed order. Also, a power of attorney is usually a working relationship based.
Rendered by one person for another person services, without having been instructed by this, it is usually a non-contractual obligation.
Architecture and Construction
In construction law, the term " order " is often used against the legal term. So talk about § 2 para 8 VOB / B and even a regulation such as the HOAI of " order", "Customer" and "Supplier", although here with order the transfer of services for consideration, usually in the context of a contract, is meant.
In public administration, the term order ( synonym: transfer) any statement or communication of a higher authority to a subordinate authority. However, this only applies if they are not the supreme authority, and thus is Ministry ( then in the same circumstances by a decree would be the speech ). Must be distinguished from the delegation of tasks within the order management. Basically, the head of agency for all authorized signatory solely in its local and subject matter jurisdiction. The entire base, ergo imputed services, drawing in the external representation - the extent authorized - on behalf of [the authorities conductor ] (" iA "). Only the representatives of the authorities conductor signing on behalf of [the authorities conductor ] (" previous "). Formally, both are regulated by authorities internally available.
In awarding the public contract law has a special meaning.