Aportes de la ley 1508 de 2012 a la gestión de riesgos en los contratos de concesión para el desarrollo de la infraestructura de transporte

Abstract

This case study has the general objective, legally assess the contributions that the 1508 Act of 2012 makes the risk management concession contracts for the development of transport infrastructure.As a starting point the importance that is required to have accuracy about the inherent legality of the concession contracts for the development of transport infrastructure in the country, knowing that these concessions have different times that have forced set adjustments considered the regulations governing them are different because the risks involved in them.To what extent there is responsibility of the parties, this is the state and concessionaires, to take risks in PPPs and what the scope envisaged at the time of definition and hiring are. Thus research, the next question is specifically: What are the contributions of Act 1508 of 2012 risk management in the concession contracts for the development of transport infrastructure? The line on which the proposal is along the lines of research program law of Colombia University, is the economic law.The methodology is qualitative approach and based on the analysis of the legal rules governing PPPs.The research includes the following chapters: In the first chapter the research question addressed, as already announced, the hypothesis to be tested, the reasons for conducting the study objectives and the theoretical and conceptual and legal foundations that support the plannings facts in the investigative process.The second chapter discusses how the risks are distributed in the concession contracts first, second and third generation, which were existing models for over twenty years before the 1508 Act of 2012 was passed. Third chapter the model defined by the 1508 Act, such as public-private partnerships PPPs; and how it is expected that each of these options allow legally manage and distribute the risks between the state and the concessionaire. Based on this analysis, in the last chapter the legal conclusions of the study will be presented.