Characteristics And Variations Of Leases
The obligation to do, whose content is not the result of a certain action, but a general activity of the provider who exercises it for the benefit of the latter. For example, a company hires the service of a lawyer but does not hire him knowing that he will win the lawsuit, if not because of his activity.
The client is obliged to give back to the one who provides his services.
It covers any type of service, except those that have a specific regulation incompatible with the regulations of the contract in the civil regime.
The leasing of services can be derived in three variations:
Leasing of services: a contract by which one of the parties is obliged to provide a service and the other to pay a certain price as consideration. It is a consensual contract since it is perfected with the simple consent of the parties; bilateral and reciprocal, since obligations arise for both parties, assumed, reciprocally, by the lessor and lessee of the services, in the legal position of creditor and debtor, respectively; and onerous, as a price is a certain essential requirement of this contract, non-existent if not concurred.
The work contract: a contractor is obliged to the client to carry out and deliver work, receiving a certain price in exchange. Its characteristics are: bilateral and consensual (article 1588 and following of the Civil Code.) The difference is that a result is expected in this, and if not, it would be a breach of contract, in the previous case it is not. , you do not pay for the preset result.
Provision of services by the partners of commercial companies: In this case, the difficult thing is to delimit the border of alienation, since the activity carried out by the partner is for his company, at least in part. In these cases, there would be a double legal-labor and corporate relationship. This option is legally viable in cases such as the following:
When each activity has its own substantively and when the contribution to which the partner undertakes in his capacity as such does not precisely imply the provision that is the object of the employment contract. When the patrimony, the legal personality, and the responsibility of the partner and the company are perfectly separated, as happens in public limited companies and limited liability companies; it occurs frequently in small companies or with little economic entity.
Regarding the termination of the contract, the usual thing is that the relationship between the professional and the client may end due to the withdrawal of either party. Its foundation is placed by doctrine and jurisprudence in the prohibition of the perpetuity of indefinite relationships that underlies art.
In a society like the current one, which is increasingly technical, complex, and globalized, productive decentralization is being implemented with force and speed. By such we must understand a social phenomenon consisting of the outsourcing of all or part of the activity carried out by a company. Thus, it is no longer the unifying center of economic activity. The result of the worker’s activity is more important than his integration within it.
In short, there is a multiplicity of ways through which a provision of goods and services can be carried out. There is no limitation, within the correct use of the contractual types, when choosing the way in which it is to be materialized. In other words, the employer has broad freedom when it comes to specifying the legal form that will govern the business relationship.
Thus, at the time of receiving a service provision, you can freely choose between doing so:
Through employees hired for others, integrated into their own organizational structure through a contractual relationship of subordination.
Choose to receive the same benefit from self-employed or self-employed workers. These must be located outside their organizational and governing circle, entering into a civil, commercial, or administrative contract with them.