After the content of the computerized contracts, we must
differentiate different groups of contracts according to different
classification criteria, thus we will differentiate between contracts according
to their object or subject matter, and contracts according to the type of legal
business.
We can differentiate between:
1. By its
object or subject :
1. Hardware
or equipment contracts : includes any tangible part of computer equipment,
electrical, electronic, electromechanical and mechanical components, cables,
cabinets or boxes, peripherals, and any other physical element involved.
Communications equipment or other auxiliary elements necessary for its
operation are also included.
2. Software
contracts: we will differentiate if it is a base or system software, which will
be used in all computer systems and which allows the rest of the programs to
function properly, also facilitating the interaction between the physical
components and the rest of the applications, and providing an interface with
the user; or utility or computer applications, which will be those expressly
made for the performance of functions or activities previously set by the user,
within this category we find applications for the control of systems and
industrial automation, office applications, educational software, business
software, databases, telecommunications (for example: Internet and all its
logical structure), video games, medical software, numerical and symbolic
calculation software,
3. Turnkey
installation contracts : their purpose is to conceive, build and put into
operation a specific work or service. Both software and hardware will be
included, as well as user training and maintenance services.
4. Auxiliary
service contracts : those that, without being the main service or object, help
to provide the basic service of the same. They would be activities such as
training, maintenance of systems or equipment, repair, etc.
The essential elements of the business would be the granting
to the opting party of the right to unilaterally decide the purchase of the
product , the determination of the contractual object (which must be clearly
defined) which includes the setting of the price, and the specification of a
term for the exercise of choice. During this period for the exercise of the
option, the optant remains unilaterally bound until the optant decides and the
optant cannot withdraw the option until the agreed term has elapsed. The
Supreme Court adds a new element that
would consist of the payment of a premium for the option.
1. Maintenance
: the main element of this business is the continuous attention that the
maintainer dedicates to the good object of the contract. As for the goods
subject to maintenance, they can be both computer equipment or hardware, as
well as computer programs or software, or both cases. It must be clearly
defined in the contract. Within the software maintenance we should not include
the update or implementation of new functionalities.
2. Loan :
through the loan something is delivered to the party to use it for a time,
after this, the borrower is obliged to return the object.
3. Deposit :
regulated in articles 1758 et seq. of the CC, and 303 et seq. of the Commercial
Code. In this contract, a person receives a foreign thing, with the obligation
to keep it, and return it after the set time has elapsed. In principle, this
contract is free unless otherwise agreed. For the deposit to be commercial, it
is required that the depositary, at least, be a merchant, that the things
deposited are subject to trade, that the deposit itself constitutes a
commercial operation, or is made as a cause or consequence of commercial
operations.
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