Estudio de las causales de terminación unilateral en los contratos administrativos conforme el Art. 94 de la LOSNCP

Abstract

This research paper analyzes the grounds for unilateral termination of administrative contracts in Ecuador, in accordance with Article 94 of the Organic Law of the National Public Procurement System (LOSNCP, by its acronym in Spanish). The study begins with a conceptual and doctrinal analysis of public procurement and administrative contracts, establishing their essential elements, principles, and characteristics within the Ecuadorian legal framework. The stages of the preparatory, pre-contractual, and execution contractual procedures are examined to understand the administrative dynamics that govern public management. Based on this, the concept of unilateral termination is addressed in detail, identifying the causes that motivate it, such as contractor default, unjustified suspension of work, or economic insolvency, among others, as provided by law. The methodological approach combines normative analysis with a review of relevant case law, highlighting how the public administration’s power to terminate contracts must be duly justified and comply with the principle of legality. Lastly, the research concludes that the correct application of this mechanism guarantees the protection of the general interest, transparency in the management of public resources, and a balance between the powers of the State and the rights of contractors, thus consolidating an efficient and legally secure public procurement system.