El régimen contractual de las empresas sociales del Estado

Abstract

In our country there are multiple entities who do not apply to their contractual regime, the Act 80 of 1993. Thus, the development of its activities escapes to the contractual regime which establishes the General Contracting Statute of the Public Administration, configuring the called exceptional regimes. However, considering these entities manage public resources and have the duty to apply the principles that guide the administrative function established by Colombian law, the public law is supposed not apply to these entities ends up being applied, coexisting with private law regime of these entities. Within these precisely are the so-called State Social Enterprises - SSE - which by express provision of the legislature in contractual matters are governed by private law, but also giving them the power to use exorbitant rules of the Contracting Statute. This scenario is particularly confusing, remains the uncertainty about the scope of the application of public law and / or private law , is the legal issue addressed in this paper which is developed from the study of the SSE contractual regime, noting its most important features and providing a set of criteria for determining aspects such as: the application of the principles, the rules of disabilities and incompatibilities applicable, the use of terms and exorbitant powers, the procedures for selecting contractors, among others.