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Contracts concluded by intuitu personae are such contracts in which the personal characteristics of one or both contractors constitute a decisive element of their consent, so that the execution of obligations or the acquisition of rights is strictly related to the contractor for whose personal characteristics the contract is concluded. A contract of employment is always concluded as an intuit personae contract and this is precisely one of its main features. The duties of the employees are: performing the work in the sense of performing certain physical or intellectual work, ie achieving a certain result, performing the work within the agreed time, it is also a mater for the person to perform the job personally, a guarantee for the properties and handing over the things made to the contracting authority. In addition to these obligations, the worker is obliged to draw attention to the material defector.

The service contract has been existing since Roman law. It originates from the locatio operis conductio contracts. It was the contract by which one party a conductor - was obliged to perform a specific job, such as a shoe making, wine transportation, etc., and the other party, a locator was obliged to pay the specified fee. It is very interesting that in Roman law a clear distinction was made between ordinary activities and those required a special education. In fact, in Roman law, jobs demanded a greater knowledge, usually possessed by highly educated people (teachers, lawyers), were not the subject of locatio operis condutio but mandatum which was considered to be a free contract. This paper will examine the origin of the service contract in Roman law, because it represents a basis and foundation of today's European legal system, and in addition, it is the most developed and comprehensive legal system of the ancient times.