masterThesis
Teoría de los riesgos previsibles en los contratos estatales de prestación de servicios profesionales
Fecha
2015Autor
Rengifo Flórez, Dayana Yiseth
Institución
Resumen
In order to maintain equivalent financial gaze between the parties - which responds to the relationship between law and the economy, the Law 1150 of 2007 contemplated within its purview the restoration of economic and financial balance of the contract.
For its part, the National Decree 0734 of April 13, 2012, now repealed by Decree 1510 of 2013 - imposed an obligation on state entities to include foreseeable risks in previous studies, but only those that may affect the balance economic contract that intends to enter the Public Contracting. Added to this, Decree 1510 of July 17, 2013, also includes the theory of risk within its purview.
Nevertheless, legal regulations despite their efforts, can not regulate all situations, the proof is that for contracts for professional services the legal provision regarding foreseeable risks appears to be unnecessary for the nature of these and other reasons that will be addressed in depth in this paper. Thus, the actions that are deployed in the State procurement should operate on an economic logic, therefore, it is pertinent to investigate the effectiveness or otherwise of incorporating foreseeable risks that may affect the economic balance in contracts for professional services when their execution depends exclusively on the intellectual development borne by the contractor.