Falacia de las cláusulas exorbitantes en la contratación estatal
The concept of exorbitant clause has been a primordial criterion to identify the administrative or state contracts in the Colombian as well as in the French Law; but it is quite pertinent to affirm that, according to the consecration made by the contractual statute, the notion of exorbitant or excep...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2006
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4851891 |
| Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 5, Nº. 10, 2006, pags. 33-47 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The concept of exorbitant clause has been a primordial criterion to identify the
administrative or state contracts in the Colombian as well as in the French Law; but it is
quite pertinent to affirm that, according to the consecration made by the contractual
statute, the notion of exorbitant or exceptional clause does not exist in our ordinance
but rather that, on the contrary, the Administration is endowed with prerogatives that
assert it over the administrated, within the administrative procedure of hiring. In the
previous circumstances, it is thus viable to say that the commonly accepted criterion of
exorbitant clause is but a fallacy in our juridical system. |
|---|