This work is concerned with contracts for caring and nursing services, and their shaping through means of terms of contract. To proceed from what was found before, contracts in use today are the usual models and types, and in each case there are regulated trade conditions in each sector.Some are already heavily controlled by legislation. (HeimG, SGB XI, BDSG) so there is barely any scope for change. Other control sectors and contract types are regulated through terms of contract. For these terms, the work briefly addresses relevant legislative regulations and the legislative practice with other contract types, respectively. Other areas of regulation and terms of home and residential- care contracts are not protected by law.Test criteria on the basis of regulations on common business conditions are worked out for suitable terms of contract. With a view to examining with the laws over terms of contract, the public legislative norms on residential and home-care contracts are described. In particular, the norms of the home caring laws and SGB XI, which overlap in parts, regulate the scope within which unrestrained contractual agreements and therefore contract arrangements through legislations for caring businesses are possible. In addition, the regulations within these laws show the aims of the law-makers with regard to caring , and residential homes. The work explains if, and to what extent, the ideas shown here can be used as a model for contracts under private law. This work centres on Residential home contracts, as this is where most of the problem areas lie. This is becausemost residential care contracts are of, a mixed type, and are not regulated by law, whereas , as a rule, home-care contracts are contracts of employment, and as such have regulated terms of agreement. Residential care contracts cover the entire life of the person in need of care.Unlike in home-care, the nursing company provides round-the clock care in its’own environment for the person in need. This can lead to much more intensive work relationships,and requires more extensive regulations.