Hechos cumplidos en la contratación estatal en Colombia. Análisis jurisprudencial sobre la responsabilidad en el periodo 2009 – 2018

Abstract

The facts fulfilled in the State Contracting in Colombia arise when the legal requirements established in the Constitution and in the Law aren’t comply. That is to say, when the execution of a good or a service isn’t elevated to a written document (Contract), or when there is an agreement perfected within the framework of the Law between the contracting party and the contractor, the requirements for its execution haven’t been compliment. These situations, which are also recurrent in the legal business of the State Entities with individuals, can generate obligations affecting the State budget. Although it’s true that Colombia depends to a great extent on the Contracting for its operation, also is true that its function is to abide by the Law. In the cases of the completed acts identified in the State Contracting that are analyzed in the present investigation, seeks to identify the responsibilities of the parties; also to know in a specific way that the treatment given by the Colombian jurisprudence and the legislation for the cases of fulfilled facts