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第八百七十八条 技术服务合同是当事人一方以技术知识为对方解决特定技术问题所订立的合同，不包括承揽合同和建设工程合同。 Technical service contract is that one party solves a particular technical problem for the other party (the other party pays for the service ), excluding hire work or construction contract. 技术服务的合同中服务者的教育程序、专业资质通常不是委托方重点考虑的问题。其重点在于服务提供方能够解决委托方”特定的技术问题”。 与技术咨询合同一样， “特定技术问题”并不仅限于自然科学和技术问题、还包括经济、贸易、管理等方面软科学方面的问题。 本法条专门将承揽合同和建设工程合同排除在外，其中，实践中一般不会太过于强调技术服务合同与承揽合同的区别， 一是没有实际意义， 一是有时也难以区别。 因为，承揽合同中也不是没有技术，也不是不能解决技术问题。如律师顾问或委托合同，法律虽没有明确，也不会有人将其归为技术咨询合同， 因为，法律咨询作为一个单独的专业已经相当普遍。 ————————————————————————
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Legal Maxims and Aphorisms( 1st Edition) Legal Maxims and Aphorisms Part two ( 1st Edition) Legal Maxims and Aphorisms Part three ( 1st Edition) 法律英语 The United States broke with the tradition of distinguishing between solicitors and barristers. A practicing lawyer in the United States is an attorney. In the United States, an attorney performs the functions of either a solicitor or a barrister or both functions. The terms 'lawyer’ and 'attorney’ may thus be used interchangeably. In order to become an attorney, it is first necessary to gain a bachelor’s degree, which takes four years, and then go to law school for a period of three years. The degree from the law school is called Juris Doctor and the graduate may add the letters 'JD’ after his name. However, graduation from an approved law school does not give the right to practice law. To do so, he must become an attorney-at-law, which means passing the Bar examination and being admitted to the Bar of one of the states. Only then will a license to practice law be issued. A period of apprenticeship is not necessary. Lawyers who work for companies in their legal departments or for a government agency must also be members of the Bar: they are referred to as in-house counsel or staff attorneys. An attorney may only practice law in the state for which he has been admitted to the Bar. This means that a lawyer only has the right to be heard in the state courts of the jurisdiction for which he has been admitted. Separate admission to practice in the federal courts must be obtained. |
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来自： 昵称64574355 > 《待分类》
