Modificaciones introducidas al medio de control de controversias contractuales por la ley 1437 de 2011

Abstract

With the development of this research, an analysis of the main changes introduced by Law 1437 of 2011 compared to the control means of contractual disputes, with regard to the jurisdiction of the Administrative Court, to hear them performed. In this field, we have adopted a broad concept in order to avoid conflicts of jurisdiction between the Judges of the Republic; in turn, are allowed to accumulate claims of absolute nullity of the contract with the annulment and nullity and restoration of the right, opposite the preliminaries of the contract and as for the opportunity to sue, remain the same periods in the previous law except with respect to the claim and void and the preliminaries. On the other hand, for the other claims, ie, different from the absolute invalidity, loss of opportunity to sue within two years, account depending on the kind of contract, such contracts that require settlement the term it is counted from the day following the termination date in accordance with the provisions in paragraph j) of section 164 of CPACA, and for those contracts that do require liquidation, the distinction was abolished as a date to start the count terms with unilateral and bilateral settlements, clearly indicating that it will be 30 months. Similarly, the following claims can be formulated via the control means: • Declare the existence of the contract. • The validity or invalidity of the contract is declared. • The relative or absolute nullity of the contract is declared. • The review was ordered. • Your failure is declared. • That the damage caused be compensated. • That the invalidity of the contractual administrative acts is declared. • That the contract is settled. It is important to note that to apply for any of these claims, you should go to the contents of the provisions of paragraph 2 of Article 104 of Law 1437 of 2011, on the understanding that this claim may be submitted by the Contentious Administrative Jurisdiction , state contracts themselves and special state contracts as long as they comply with the condition that a governmental entity or particular financial year to the state treasury, who signs the contract functions.