and additionally iv) on-site restaurant service with the involvement of highly qualified chefs, waiters, serving, design of catering premises, equipment of catering service consumption places, provision of furniture, equipment, dishes, tablecloths, heating and cooling systems for food products, restrooms and hand washing facilities, etc. Consequently, the restaurant contract constitutes an onerous bilateral contract50 where the main performance is the feeding of the contracting party and counter-performance is the monetary exchange. However, the performance also consists in the use of other elements such as tables, seats and service as well as the use of the cook’s services during preparation and the waiter’s services during the consumption of the meal51. Therefore52, the restaurant catering contract has elements of sale, lease, work contract, loan for use (commodatum)53 and mandate54. 7.2.2. Contract Classification In our opinion, attributing the catering contract in general to service contract type55 is conditional and doubtful, because the subject of service contracts is 50 Stathopoulos & Karampatzos, supra n. 10, Nos. 32-33. 51 Amstutz & Morin, supra n. 9, Nos. 292 et seq., 295 et seq., 299 et seq. 52 According to the Greek doctrine it seems that the restaurant (catering) contract constitutes one whereby the restaurateur, following the customer’s order, must prepare a meal or a drink. Contracts of this type, fall into the category of work contracts but also include other elements such as sale, lease for use (commodatum) and service provision. More specifically: the meal preparation process is a contract for work; the supply and purchase of the meal constitute a sales contract; the use of table seats and service constitutes a commodatum (and less a lease); the general provision of services by the establishment’s personnel constitutes a service provision contract, see Kerani, supra n. 19, passim. Compare for the German and the Swiss legal order, infra, n. 62, 63. In general, for the mixed contracts in Greek law see Panos Kornilakis, Eidiko Enochiko Dikaio [= Law of Obligations – Special Part], 3rd ed., Sakkoulas: Thessaloniki-Athens, 2023, § 4 N 5-18. 53 Supra n. 7. Commodatum constitutes a contract between lender and borrower by which the lender grants without consideration the use of a thing to the borrower and the latter undertakes the obligation to return it after its termination. As a rule, commodatum is informal and is concluded only with the execution of the performance by the lender with delivery of the thing to the borrower, ready for use. Its basic element is the lack of consideration as well as the fact that the lender must not provide the thing following an obligation to provide. In commodatum, possession of the thing is not granted, but it is considered that the owner exercises possession through another person. It differs, therefore, from lease in which the granting of use is done for consideration. Thus, the borrower’s bond with the thing (purpose of use) is weaker than the lessee`s or tenant’s (possession on time). Compare Phoebus Christodoulou, in Konstantinos D. Kerameus & Phaedon J. Kozyris (ed.), Introduction to Greek Law, 2nd ed., 1993, Kluwer: Deventer, § 5 II C 1-7 and 8; Stathopoulos & Karampatzos, supra n. 10, No. 389-391 and No. 31, 67, 80, 138, 194. 54 Supra n. 5. The mandate may concern the fulfilment of any natural obligation, material or legal, without payment of corresponding consideration. With the contract of mandate, the mandatary has the obligation to conduct without compensation the matter entrusted to him by the mandator. The mandate has personal and confidential character as derived from the prohibition of substitution of the mandatary (see Art. 715-716 GCC, as well Art. 724-726 regarding termination of mandate; §§ 664, 671-672 BGB, Art. 404-405, 398 I, 399 OR; §§ 1010, 1020-1022 ABGB; Art. 1717, 1722-1723, 1727-1728 CC); Christodoulou, supra n. 53, § 5 II I; Stathopoulos & Karampatzos, supra n. 10, Nos. 333 et seq., 335 et seq., 337 et seq. 55 In the contract for the provision of independent services, a self-employed professional provides work for remu72 APOSTOLOS TASSIKAS
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