El objeto ilícito por omisión en la jurisprudencia del consejo de estado: análisis al principio de planeación en la contratación estatal

Abstract

The public function is presented as an activity of the State, the state contracting as part of this activity that at the same time is the way or the tool for the fulfillment of the state purposes framed in the general interest, the contract as an element of the contractual process, which locates this activity in the regime of obligations, this to observe what concerns the illicit object, its consequence that would be the absolute nullity, against the cause of contract’s conclusion with express constitutional or legal prohibition. Equally, it is noted the principle of planning, its origin, its importance and incidence in the state contracting and the possible consequences that would entail its omission, the foregoing through the jurisprudential analysis of the judgments of the Council of State in its Sections III and IV.