問29
頻出度★★☆
プログラム開発業務の委託に当たり, 請負契約における注文者及び請負業者の権利や義務について特段の取決めがない場合の説明として, 適切なものはどれか。
令和8年度 ITパスポート試験 問29
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 29
Incorrectア
Under a contract for work, unless otherwise agreed, the contractor is in principle free to subcontract (re-delegate) part of the work to another vendor, and the orderer's prior consent is not required. Prior consent is needed only for contracts premised on personal performance, such as a “mandate contract”, or when the contract restricts subcontracting; therefore this choice is wrong.
Incorrectイ
When the completed program has a defect (nonconformity with the contract), the orderer can request repair, but not “at any time”. There is a time limit—such as having to give notice within a certain period (in principle one year) from becoming aware of the nonconformity—and once it passes, the request can no longer be made. The point stating “repair can be requested at any time” is wrong.
- ウ
正解 Under a contract for work, the principle is that remuneration is paid in exchange for “completion of the work and delivery of the deliverable” (Article 633 of the Civil Code). Unless otherwise agreed, payment is made afterward; once the contractor completes the program and delivers it to the orderer, the orderer becomes obligated to pay. Therefore choice ウ, which states that “the obligation to pay remuneration arises at the time of receiving delivery”, is correct.
Incorrectエ
Under Article 641 of the Civil Code, the orderer can terminate the contract for work at any time before the work is completed. However, in that case the orderer must compensate the contractor for the damages incurred. The point stating that termination is possible “without compensating for damages” is wrong; voluntary termination is conditioned on compensation for damages.
ここがポイント
- Remuneration under a contract for work is, in principle, paid in exchange for “completion of the work and delivery of the deliverable” (paid upon delivery, i.e., afterward; Article 633 of the Civil Code).
- Basic rules of a contract for work: subcontracting (re-delegation) is in principle free / requests to repair a contractual nonconformity are subject to a time limit / the orderer's voluntary termination (Article 641 of the Civil Code) is conditioned on compensation for damages.
用語