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IT contracts and their contents
This type of contract does not have a specific regulation , so the autonomy of the parties' will prevails. Due to the different benefits that these can include, we must apply the rules that best suit the specific case, adapting them to the legal business that we seek or intend.
Thus, for example, to a contract for the sale of a computer,
articles 1.445 et seq. Of the CC will apply, which regulate the sale, but it
may also include other accessory obligations such as the installation or
maintenance of the equipment.
Which brings us to the next feature:
1. Hybrid
contracts : mix of different typified or regulated contracts.
2. Terminologically
complex : it is sometimes difficult for the end user or consumer to understand
what they are acquiring, what are its main and accessory characteristics. We
must differentiate here if the intervening subjects are two professionals in
the field or a professional and a third party since greater diligence is
required from the professional, which includes the following characteristic.
Content of the contracts
Due to their heterogeneity, it is difficult to specify a
content common to all of them.
We will try to establish those that we frequently find in
this type of legal business:
1. Purpose
of the contract : we must clearly establish what is intended to be achieved by
the purchaser of the good or service, establishing what their needs are and
what the offeror can offer, matching supply and demand. To achieve this result,
the collaboration of both parties will be required, which sometimes entails a
long negotiation to achieve the concurrence of wills and, ultimately, the
signing of the contract.
2. Specify
whether it is an obligation of results or means . In the obligations of means,
the obligor does not undertake to execute a precise and determined fact, but to
put due diligence and care to achieve the end without being forced to achieve
this end. The important thing is the effort, diligence and care to which it is
committed. As an example of these obligations, we could indicate the computer
consulting contract. On the contrary, in the obligations of result, the
obligated party agrees to achieve a specific result, regardless of the means
used, the non-achievement of the objective will lead to the breach of the
obligation, so it must be clearly established in the contract which is the
objective to meet.
3. Duration
or validityof the contract. Depending on the type of contract, the fulfillment
can be carried out in a single time with the delivery of the product or it can
be extended in time as it could be in a maintenance contract. Compliance with
deadlines is another of the usual obligations in this type of contract.
Depending on the type of contract, setting a correctly calculated term may
imply the difference between profit or loss for the supplier. For example, in a
contract where the implementation of a certain program is requested within the
operations of a large company, it must be correctly calculated how long it will
take, the use of the necessary technical, material and personal means. If the
execution time is not calculated correctly, it could lead to losses for the
supplier and the customer.
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