Procedencia en la configuración de contratos atípicos en la nación-superintendencias sin personería jurídica y la nación-unidades administrativas especiales sin personería jurídica sujetas al estatuto de contratación estatal

Abstract

From the introduction of the postulate of the "free will" in the Statute of State Contracting, it is possible to affirm that it brought with him big changes, which are reflected in several stages of the contracting and that without a place to doubt, reveal extreme importance, but when we refer to the contractual typology, the first stadium to which they must face the parts to the moment to contract, this postulate takes real transcendence on having provided freedom to the contractors, both for the entity and for the individual, of creating in conformity with their needs and the state purposes the contractual form that more adjusts, having in it counts the bounding personal details that the juridical classification imposes him. This environment has been the key in order that it manages to speak of the atypical state contract, hackneyed contract that has generated discussions half-close to their admissibility in the public law for not being originally belonging to this one.