the process of providing the service itself, not achieving the materialized result (which is characteristic of the work contract). Thus, if it concerns serving, cleaning, which involves a materialized result, then one should speak about the contract work type of legal relations and apply the contract work type of contract to them56. On examining the catering contract, we may conclude that the implicit and goal is purely material: transferring the property of food products to consumers (sale) defined by the customer or conditions under which such consumption is possible57. Under such circumstances, the catering contract has more elements than of a contract work agreement, but of a special kind of supply, since it is not about producing a certain thing from materials of one’s own or the customer`s, but about supplying (transferring the ownership of58) food products already produced by the performer (supply of the work results)59. neration to a client without being under the client’s control and supervision regarding the manner, time, and place of work performance. An independent service contract is a common way for businesses to engage with self-employed individuals for specific tasks or projects, offering flexibility and avoiding the complexities of employment relationships. See Christodoulou, supra n. 53, § 5 II E; Stathopoulos & Karampatzos, supra n. 10, Nos. 12, 13, 31, 240, 285, 317, 334, 364. In particular, on the absence of special provisions in the Greek Civil Code for the contract for services, and for the application of the provisions on work contract and salaried mandate, see Vasileios Triantafyllidis, Services contracts - Current legal framework & prospects for reform (in Greek), P. N. Sakkoulas: Athens, 2019 (passim). 56 Supra n. 4. A work contract exists when one person, the contractor, undertakes toward another person the obligation to execute specific work in exchange for compensation. The result of the execution of the work is of primary interest and not the provision of labour. As a result, the work has economic value independent of the labour itself and may concern a corporeal object, direct material action on the human body, achieving an immaterial result such as intellectual products, as well as some artistic, intellectual or economic-technical need. Work contracts in case law usually constitute contracts of great economic significance, such as the contract for preparation of studies and supervision of technical work by an engineer, the contract by which a bank undertakes for a commission the receipt of a bill of exchange amount and its delivery to the endorsee, as well as various contracts of advertising character. See Stathopoulos & Karampatzos, supra n. 10, Nos. 364-365 et seq., Nos. 12, 36; Christodoulou, supra n. 53, § 5 II F. 57 Supra n. 1. Sale is the contract by which the seller has the obligation to transfer the ownership of the thing or the right that constitutes the object of the sale, and to deliver the thing, and the buyer has the obligation to pay the agreed price, Stathopoulos & Karampatzos, supra n. 10, Nos. 344-363; Christodoulou, supra n. 53, § 5 II B. 58 If someone wishes to relinquish ownership of a movable object (dereliction), this requires, objectively a surrender of possession and subjectively the owner’s intention to relinquish their property (see Art. 1076, 981 GCC, §§ 959, 856 BGB, compare §§ 386, 349 et seq. ABGB, Art. 718, 921 ZGB). The expression of the intention to relinquish ownership is generally implied in the relinquishment of possession, is a declaration of intent ad incertas personas that does not require to be receipted. By allowing the foods or the drinks to be cleared away without comment, the customer implicitly relinquished their property. The situation would be different if they had asked for the foods to be packed up. See in German Law David Paulus, Die Abgrenzung zwischen Rechtsgeschäft und Gefälligkeit am Beispiel der Tischreservierung, Juristische Schulung (JuS) 2015, 496 et seq.; Alexander Schall, Maultaschen im Sachenrecht, in Neue Juristische Wochenschrift (NJW) 2010, 1248-1252. 59 In the case of a contract for work and services, the material to be processed may also be supplied by the customer (guest). In that case no special type of contract is provided but the law of the work contract is applied analogously. Following special provisions [see Art. 683 GCC, compare § 670 Ι (ex § 650) BGB, Art. 365 I OR, § 1166 ABGB, Art. 1787, 1711 cc, Art. 2223 CC] it is determined that in the case that the contracting party in a work contract must prepare a product (such as for example a dish), it is legally treated as a sale contract or as a supply contract. However, this is not customary in the case of a restaurant catering contract, as the restaurateur procures the raw materials for 73 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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