Abstract

This work analyzes the foundation and scope of the rule of unilateral termination without cause (ad nutum) as stated in Article 2009 of the Chilean Civil Code, within the context of the “lease of intangible services”. This rule, frequently invoked in practice, has received limited doctrinal attention. The study reveals that, contrary to widely held beliefs, the rule is not based on the prohibition of perpetual obligations or the alleged intuito personae nature of the contract, but rather on the nature of the service for which the rule was designed.