Declaración de terminación unilateral de contrato resuelta por la administración pública ¿Controversia contractual o acción subjetiva? análisis del caso 2023-005 resolución emitida por la Corte Nacional de Justicia

Abstract

The following degree work focuses on the analysis of the cases that conform Resolution No.2023-005 issued by the National Court of Justice, which establishes as mandatory jurisprudential precedent the five-year term to challenge administrative acts derived from the execution of contracts. We will address the relevance and deadlines to file a lawsuit challenging such administrative acts, where the district courts of instance rejected the claims for considering such challenges as subjective actions or full jurisdiction, for which the rule handles other deadlines. We will address the clear differences between civil contracts and public contracts, in order to reiterate that the entities in charge of public administration exercise certain superiority over the contractor, we will also analyze the different contractual stages found in the Organic Law of the National Public Procurement Service where we will be able to appreciate that in the contractual execution stage certain problems may arise due to the fact that the Public Administration makes use of those considered by the doctrine as exorbitant clauses, resulting in different contractual controversies such as the unilateral termination of the contract, which is the reason why the affected parties resort to the Contentious Administrative Courts to protect their rights.