ADMINISTRATIVE law, POLITICAL parties, APPELLATE courts, JUDICIAL review, JUDGMENT (Psychology)
Abstract
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VÁZQUEZ PÉREZ, ARSUL JOSÉ and GALBÁN RODRÍGUEZ, LIUBA
Abstract
Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
This research inquires on the planning principle on state contracts for public works. Different laws such as the 80th from 1993 and 1150th of 2007 rule about this principle from which management doctrine and legal rules derive the requirements for state contracts. For the inquire a qualitative method is used and descriptive analysis is supported on law hermeneutics. The recent ruling from the Council of State considers the planning principle as essential for state contracts. If not present, the absolute nullity of the contract is stated, controverted in dissenting opinion and resolution of writs for protection of fundamental rights, considering that the causes for nullity are taxative and does not come from law interpretation. This paper concludes that this principle-duty is of the most importance for its capacity for controlling contracting and stopping corruption. A normative modification is proposed as well as a previous divulgation of the planning components for guaranteeing the compliance with the normative without discouraging private sector activity. [ABSTRACT FROM AUTHOR]