Договорът за аутсорсинг
The Outsourcing Contract

Summary/Abstract: The outsourcing contract has not been legally regulated by now, but it is widely applied in the management of companies and in business relations. There are no publications on the topic in the Bulgarian literature, or court and arbitrage practice, which is motivated for the author’s study. The article concerns problems of legal nature and is aimed at answering some juridical questions. The rights and obligations of both parties to the contract are made object of analysis. Outsourcing is examined as a contract, which provides a merchant with the possibility to use material and personal resources of another specialised organization, as well as the qualifications, skills and experience of its staff. A party who is obliged to fulfill some commercial activities for the benefit of the other party is specialised in the realisation of this kind of activity, which is of secondary importance for the former party. As a result of the content analysis of the contract, of its conclusion and of the consequences of the obligations’ non-fulfillment outsourcing is defined as a separate contract whose object is the delivery of activity by one party to another, based on the principle of contractual freedom as proclaimed in Article 9 of the Contracts and Obligations Act.

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