承揽合同四论

On Contracts

区别承揽合同与劳动合同,首先看当事人双方的约定,无约定时看补充协议;达不成补充协议的,遵循交易习惯;无习惯可循的,按照承揽合同处理。我国现行法对于次承揽合同设有若干限制,对于不规则承揽也予以了承认。关于工作成果所有权的归属,应当区分类型加以确定,不宜整齐划一。

In order to distinguish the contractor＇ s agreement and labour contract, you shall look into the two parties＇ agreement, if there is no it, you shall resort to the supplementary agreement, if they fail to reach an agreement, the transaction custom should been abided by, in the situation of no transaction custom be followed, it should be disposed in accordance with contractor＇ s agreement. Out present related law setup some confine to sub-contractor＇ s agreement,and confirm those hire work which is not normative. Referring to the belonging of proprietary rights, it should be confirmed in accordance with classified classification and not to be abided by a sole standard.