Contrato realidad a la luz del contrato de outsourcing al interior de las instituciones públicas colombianas

Abstract

Among the advantages of outsourcing within the Administration itself is the economic advantages as a consequence of economies of scale; Externalization of the center of the organization itself, a new image of the modernization of the Administration itself, which is an element of the transformation of the Administration from a conception in which the official controlled public expenditure, a new conception in which Administration It passes to the regulatory institution of the own outsourcing actions. Understanding outsourcing as a strategic company between companies in which one subcontracts another to provide services in an activity -which although needed, is not critical to the contracting company - creating a relationship based on trust, which Seek the benefit for both parties. "In the Outsourcing contract, the Company or the Entrepreneur who manages the management and the Outsource, who develops it, are members. (García Pérez, 1999) As indicated in the above definition, the legal object of the Outsourcing contract is aimed at outsourcing the operational procedures and / or activities of an administrative nature of one company, located in another, which is responsible for its management. The contractual relationship of subcontracting can be classified in the following categories: Bilateral, Onerous, Commutative, Free form (consensual), Successive execution, Interests found, Principal, Intuitu Personae, Atypical. (Pérez Vásquez, 1996)