La participación del garante en el procedimiento sancionatorio contractual y en las declaratorias de incumplimiento

Through this research paper discusses why it should not be linked to insurance companies in order to guarantee their right to due process in both the contractual sanction procedure as in declarations of breach of state contracts covered by insurance, as has ordered the Anti-Corruption Statute. To do...

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Detalles Bibliográficos
Autor Principal: Sotelo Rojas, Sandra Patricia
Formato: http://purl.org/coar/resource_type/c_6501
Lenguaje:Español (Spanish)
Español (Spanish)
Publicado: Universidad Libre 2012
Materias:
Descripción
Sumario:Through this research paper discusses why it should not be linked to insurance companies in order to guarantee their right to due process in both the contractual sanction procedure as in declarations of breach of state contracts covered by insurance, as has ordered the Anti-Corruption Statute. To do this, set out the regulatory and case law of this obligation and analyzed the insurance contract and the conditions of participation in the other guarantors hedging mechanisms authorized in Colombia (financial institutions, banks and trusts), specifying a from this the reason why, given the nature and characteristics of insurance warranties, it is all a contradiction to the fact that the entities subject to General Contracting Public Administration have a duty to ensure due process to the insurer when the contractor should only link in the contractual and punitive procedure declarations of failure, especially considering that this guarantee was not legally extended to other guarantors. At the end of the document sets out the due process that must be present in administrative procedures and contractual terms to be applied by the entities, comparing this duty with the application of the institution of due process in the Chilean contractual procedure