IS THE COMPENSATION IN CASE OF WITHDRAWAL OF THE CONSTRUCTION CONTRACT REALLY DIFFERENT FROM THE COMPENSATION UNDER THE GENERAL SYSTEM?

Abstract

It has been generally considered that the power to withdraw from the construc-tion contract referred to in Article 1594 of the Spanish Civil Code is unique, not only because it enables the developer to terminate, voluntarily, the contract but also because it provides a special compensation.This article mainly questions the second point: given that the three concepts mentioned in this article usually coincide with the compensation arising from the general rules, the possible difference between both systems can only be found in the subjective element, that is, if the developer has acted deliberately, being aware of the damages caused, or if he had no alternative but to withdraw. How-ever, this difference to the general system is not as clear as one might think.