EL INCUMPLIMIENTO DEL CONTRATO DE ARRENDAMIENTO DE OBRA POR CONSULTORA INFORMÁTICA Y RESOLUCIÓN UNILATERAL DEL CONTRATO SUSCRITO: ANÁLISIS DE LA SENTENCIA DE 20 DE ENERO DE 2009.

Abstract

In this paper we have analysed the Ruling of 20 January 2009, which refers to a project lease agreement concerning the introduction and delivery by the defendant of a computer application fit for the particular functional needs of the plaintiff's business. We have examined this mode of lease agreements, which is distinctly different from that of genuine lease agreements. A genuine lease agreement is characterised by the trait that is absent here, i.e., that it is essentially a contract of continuing performance, while in a typical project lease agreement what the lessor furnishes is measured not by time, but by results. We have stated the distinction between project lease agreements and service contracts. The distinction between the locatio conductio operis and the locatio conductio operarum is now classic; in the former, the debtor undertakes to provide a result, without considering the work thereby created, while in the latter the debtor's obligation is to provide the work in itself, not the result of the work, which is connected with the distinction between obligations of means and obligations of results. We have also analysed the possibility of unilateral cancellation of the aforementioned agreement and the consequences stemming from such cancellation.