Problemática actual sobre la definición de la naturaleza de las decisiones adoptadas por la administración contratante durante la ejecución de un contrato estatal. Aproximaciones para solucionar la problemática existente en torno a la naturaleza de las decisiones adoptadas por la administración contratante en el marco de un contrato estatal

Abstract

The duality of state contracting regimes in Colombia, in some cases governed by public law and in others, by private law, has led to a problem in the administrative and jurisdictional instance when it comes to unraveling the true nature of the decisions issued by the contracting Administration within the framework of the legal business. Sometimes it has been considered that they participate in the nature of administrative acts, while in others they have been conceived as legal acts of private law. The foregoing, in turn, has unleashed an uncertainty based on the claim that corresponds to be raised in court in order to attack the harmful effects derived from those decisions and at the same time has led state entities to detach from those binding effects , executives and executors in events in which, in reality, they are not provided with those attributes. The present circumstance imposes the need to find tools aimed at scrutinizing the nature of the decisions issued by the contracting public Administration in the state contract scenario in order to avoid disparate, contradictory and inequitable treatments of the same topic by the judicial estate.