Análisis de las causales de terminación unilateral de los contratos en el procedimiento licitatorio

Abstract

In this research an analysis of the convenience of the public administration to terminate a public administrative contract in advance, in cases in which a contractor has incurred one or more of the grounds provided in Article 94 of the Organic Law of the National System of Public Procurement is made. The analysis intends to identify the utility of this law and what is the correct way to exercise this power. The State, through public institutions contract works, goods or services, and for this, it must frame its actions in the principles of public law, guarantees, and rights of the Constitution of the Republic, avoiding the arbitrary and disproportionate use of the unilateral and anticipated termination of contracts. The purpose of the administration is to meet the needs of all citizens, and, therefore make the public interest prevail; this is achieved through efficiency in the execution of administrative contracts, being the duty of all public officials to motivate their actions to give them legal validity and to respect the constitutional and legal regulations in all their acts. Additionally, this work presents arguments based on the decomposition and interpretation of the aforementioned article of the law, also investigating the theory that will partially support the conclusion of this thesis