Competencia “ratione temporis” para el ejercicio de la cláusula de caducidad

Abstract

One of the common law exceptional clauses is of utmost importance in the fiel of State contracts, is to expire. The shelf has the potentiality to terminate or extinguish the legal transaction abnormally with some important consequences from the legal point of view. However, in some cases the study of administrative revocation was made from the legal consequences and no substrate or substance of the institution. This is reflected in case law and country-level studies doctrinaire. This has had a major impact on the practical application of the figure, simply because if the analysis is limited to the punitive consequence that his statement implies, you can get to distort the objective pursued by the Colombian legal system by instituting the figure. In fact, symmetry can not save a figure analysis strictly punitive content with that of a figure whose purpose is the termination of business relationship with qualified breach of obligations by the contractor of the State.