Examinando por Autor "Jimbo Brito, Selene Patricia"
Mostrando 1 - 1 de 1
Resultados por página
Opciones de ordenación
- ÍtemAcceso AbiertoResponsabilidad extracontractual del estado por la no adjudicación legal de un contrato de licitación de obra pública(Universidad Católica de Cuenca., 2022) Jimbo Brito, Selene Patricia; Romero Jarrín, Fabián Alejandro; 1900632769; Ordoñez Carpio, Fernando EstébanThe State itself is responsible for each of the actions or omissions of its public employees in the exercise of their functions. The relevant issue is to determine whether arbitrarily relegating a provider from being a contractor of the State and being in a pre-contractual phase causes damage to the provider that must be repaired, considering that despite participating at their own risk and expense, they obtain rights that must be respected in each of the contracting phases, in such a way that, when there are inefficiencies or irregularities in the decision-making process, they must be analyzed to be subsequently repaired, based on the administrative and constitutional regulations regarding the responsibility of the State. To determine it, this research approach will be qualitative, based on the exploratory and descriptive methodology of law. To analyze whether the legal non-awarding public contracts produce an illegal action from a public entity (first goal of this research), the exploratory method was used to collect the necessary information through literature review, analysis of scientific articles, and jurisprudence. In the second objective, the descriptive approach was used to determine what type of extracontractual liability the State has and whether the provider should be compensated for being arbitrarily removed from being a contractor in the awarding phase.