La autonomía de la voluntad privada en la formación y perfeccionamiento del contrato estatal

Abstract

The present work seeks to establish the limit in the application of the autonomy of the will in the formation and improvement of the state contract. Its development includes the review of the basic elements of the administrative contract, its function, its nature and its random nature. Likewise, the limits of the statute of administrative contracting in the state contracts of the excepted regime are studied. The principle of autonomy of the will in the pre-contractual phase is also reviewed in detail, and the implications of this principle in the contracts executed by FONADE. The work is developed taking into consideration the Hans Kelsen Pyramid that is in force in Colombia, which is why the constitutional and legal norms are taken into account, as well as the jurisprudence and the doctrine available on the topic under investigation.

Key words: autonomy of the will, state contract, training, perfecting