Acto In Rem Verso: Enriquecimiento Sin Justa Causa Y La Equidad, Análisis Critico En La Legislación Colombiana

Abstract

Actio in rem verso or enrichment without just cause is a legal concept that was born in Roman law, aimed at protecting heritage, with the understanding that no one can enrich themselves at the expense of another. This notion has evolved and has been adopted in Colombia by the contentious administrative jurisdiction; Consequently, its vision has been adapted to the nature of the issues it governs. Thus, it is founded as a mechanism through which it seeks to repair the damage derived from the execution of a state contract with a public entity. However, there are few cases in which this mechanism is appropriate. In this regard, we want to show with this research that it is possible to give greater scope to the application of the budgets established by the State Council, by virtue of the fact that this institution promotes greater equity.