Garantías de la notificación de actos administrativos para el cobro de acreencias de origen asistencial derivadas de accidentes de tránsito

Abstract

The present work had like main object to analyze the effectiveness of the normative guarantees in the step of the notification of administrative acts uttered as base to make the procedure of coercive collection of the derived assistance for debts in its favor of traffic accidents in those that participate one or several vehicles non insured’s with policy of traffic accidents SOAT. In development of the investigation the administrative procedure of the persuasive and coercive collection was revised, with special emphasis in the forms of notification of the resolutions contained of the orders of collection study object. It was as well as the mark of legal guarantees was visualized to achieve a due process and the observance of diverse such principles as; of effectiveness, economy and publicity, which are applied in exercise of the ability that it shows the Administration for the direct collection of their for debts in its favor. As a result of the study he/she settled down that to the being the FOSYGA who assumes the cost of the attention of the victims of such traffic accidents initially, this the repetition right is subrogated against the proprietor of the vehicle uninsured and committed in the accident, identifying that although effective mechanisms exist for the for debts in its favor recovery, they also arise difficulties of administrative, operative and logistical type that hinder the notification, generating such juridical consequences as the possible infringement to the due process among other, in front of that which you/they intended tools that could cooperate to the attainment of the notification.