Conceptual approach to state contracting in Colombia

Abstract

One of the most complex concepts in the Colombian regulatory field is the state administrative contract, sometimes distorted in its interpretation. The objective of this essay is to analyze the theoretical conception of state administrative contracting in Colombia. In its fulfillment, a bibliographic review study was developed, supported by research methods: exegetical, historical-logical and hermeneutical, as well as the content analysis technique. Among the main results are: 1) normative account of state contracting through the systematization of the four main public contracting statutes of the late 20th century, built, the vast majority of them, by extraordinary powers that both the Political Constitution of 1886 as that of 1991 conferred on the President of the Republic, the only exception being the current General Statute of Public Administration Contracting; 2) analysis of the stages of state contract formation; 3) description of the typology of state contract set forth in Law 80 of 1993 and 5) explanation of the liquidation of the state contract.