Considering the diverse approaches to if the breach of obligations in the state contract by the public administration alters or not the economic equation of the contract, a position from the presented by the national jurisprudence and doctrine, will be chosen as the most feasible. Therefore, analyzing the background, it will be established if the non-observance of legal and contractual duties by the State, corresponds to treat it as a cause of breaking the economic balance of the contract or as a damage to be repaired through the theory of contractual liability.