La prevalencia de los principios en la contratación estatal, como primer límite al ejercicio de la declaración administrativa de la caducidad del contrato estatal
DOI:
https://doi.org/10.21501/23394536.615Abstract
Es normal escuchar que en Colombia la contratación estatal es una actividad eminentemente reglada, que se desarrolla a partir de normas que regulan cada una de las etapas del proceso contractual; pero decir esto es dejar de un lado la idea que brota por todos los rincones de la Ley 80 de 1993, consistente en que la contratación estatal en Colombia, como cuerpo jurídico dentro del ordenamiento de un Estado social de derecho, implica, en primer lugar, una fundamentación en materia de principios generales del derecho, toda vez que su desconocimiento en el tema de la contratación estatal conllevaría la nulidad del contrato estatal, y/o de los demás actos administrativos que se creen en razón del proceso contractual, como sería el caso de la nulidad del acto por medio del cual se declara la caducidad o se ejerce otra de las potestades excepcionales del contrato estatal. Esto permite inferir que los principios son el primer límite para la aplicación de dichas cláusulas.Downloads
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