LA ACCIÓN DE PROTECCIÓN CONTRA ACTOS DE TERMINACIÓN UNILATERAL DE LOS CONTRATOS

Abstract

This research work indicates an analysis of the action mechanism of protection and protection of the rights of public sector contractors to the punitive act of unilateral termination of a contract, premises Coligen creating a harmonious legal reasoning legal rules our constitutional and establishing that the administrative act of unilateral termination of a contract at the time that damages constitutional rights as the basic guarantees of due process and legal certainty opening chord constitutionally established in Article 88 of the Constitution of the Republic. In turn aims to point out the false premises that the Constitutional Court has been built in the sense that these acts of unilateral termination of the contract are only challengeable in the ordinary courts and their harmful effects, are not subject to provisional suspension; consolidated version in legal reform LOSNCP. In this perspective we should analyze the legal nature of administrative contracts , guardianship order of the acts of the administration, the exorbitant power to declare Unilateral Termination by the contracting entity , the constituent elements of default by the contractor and the procedure administrative provisions of Organic Law of the National System of Public Procurement to declare Unilateral Termination of administrative Contracts for Execution of Works and Provision of Services, addressed the perspective of Constitutional due process , legal certainty and judicial safeguards.