PROESSIONAL SERVICES AGREEMENT
Transcript: ELEMENTS Under which rights and obligationsare borne by both parties, since the professional is obliged to provide the service, the customer must pay compensation. It exists and it subsists by itself, i.e. it does not depend on any other contract. PROFESSIONAL SERVICES AGREEMENT OBJECT To provide the service at the time, place and manner agreed. To notify the client when he cannot continue providing the service. To respond for its negligence, incompetence or willfull missconduct. To safeguard profesional secret. INTUITU PERSONAE ELEMENTS OF VALIDITY Subsequent treatment: when the effectsof the contract occurs over time. Given that the profits and taxes are distributed between both Contracting Parties, since the customer, in Exchange for the service provided, pays a fee. OBLIGATIONS OF THE CUSTOMER FORMAL BILATERAL It occurs when the professional agrees to provide his work , and the customer agrees to pay fees. ONEROUS FORM: The contract for the provision of professional service is not subject to any formality for its validity, since is not required by law to be stated in writing, although it is advisable, to prove it is formalized. ESSENTIAL ELEMENTS OBLIGATIONS OF THE PROFESSIONAL Service fees and professional work provided. PRINCIPAL the object is the activity that the practitioner is obliged to carry out, and the remuneration or fees that the client has to pay. The services provided must be lawful. DEFINITION CAPACITY OF THE CUSTOMER The persons involved in the agreement, the one who provides the service (Professional) or the one that receives the service(client). COMMUNICATIVE PERSONAL Is defined as a contract by which a professional, technician or specialist bounds himself to provide a service that requires his knowledge in favor of another party in exchange for a fee. Because it takes into account the qualifications of the person, the professional, for the conclusion of the contract. OVER A PERIOD OF TIME As a general rule, whenever there is certainty and precision in the rights and obligations of the parties. Exceptionally it may be random, when the remuneration is subject to an uncertain future event of realization. customer is sufficient to have general capacity to contract. Minors or incapacitated, have to act through their legal representatives. CONSENT Pay for the professional fees Pay for expenses incurred by the professional. Expenses include costs or money used in the material used for the provision of the service. CLASSIFICATION CAPACITY OF THE PROFESSIONAL It is not subject to any formality. REAL in addition to general capacity to contract, the professional must have a specialty, which is the possession of a tittle that enables him to carry out his profession. If by law the professional is required to have a title and he performs the service without such title he will not be entitled to collect his fees.