HACIA UN CONCEPTO CLARIFICADOR DE SERVICIO. EL CONTRATO DE SERVICIOS COMO TIPO CONTRACTUAL GENERAL.

Abstract

In this paper the author examines the current legal concept of «service» in the legislation now in force and examines the historical reasons that led lawmakers to establish one type of contract for services and another for works, both being within the framework of the concept of «rental». It is a historical challenge of Spanish law to differentiate one type of contract from the other -and to find the right differentiating criterion. This paper examines these criteria, highlights their drawbacks and proposes, together with the latest trends in doctrine, the adoption of one of them. The author moreover shares a number of considerations about how service-contract legislation should be reformed. The author proposes a single type of service contract (the current contract for the renting of services) and a new building contract that would be tantamount to today's works contract.