Explanation of Article 462
The article refers to the two types of contract of work, which are:
The first type: The contractor is obligated to execute the work and provide the materials, which is known in jurisprudential classifications as the "contract of manufacture," a mixture between contracting and sale. The sale applies to the materials, so its provisions apply to the materials, and the contracting applies to the work, and its provisions apply to it. Thus, the contractor is responsible for the quality of the materials and must guarantee them to the employer, because in this type, the contractor is a seller of the materials and is responsible for guaranteeing them.
The second type: The contractor is obligated to execute the work, and the materials are provided by the employer. This type is purely a contract of work, known in jurisprudential classifications as "lease of works."
An example of this can be sewing a garment: if the fabric is provided by the tailor, it is of the first type, and if it is provided by the employer, it is of the second type. Both fall under the contract of work. If the tailor works in a commercial establishment for a specific salary to sew clothes, the contract between the tailor and the establishment is an employment contract. If the clothes are pre-made and offered for sale, it is a contract of sale.
Related To
Article 462
The contractor may carry out the work using materials provided by him or by the client.