Los deberes de conducta en el contrato estatal de obra regido por el derecho privado colombiano. Aproximación doctrinal y conceptual de los deberes de conducta en el contrato estatal de obra regido por el derecho privado colombiano.

Abstract

As a general rule, state contracting in Colombia is governed by the General Contracting Statute of the Public Administration (Basically and not limited to the following standards: Law 80, 1993, Law 1150, 2007, Law 1474, 2011, Law 1882, 2018 Decree 1082, 2015). However, there are state contractual relationships exempted from the application of said statute, in which the regime by which they are developed is private law, without which, therefore, the contract loses its nature as a state contract. Given the duality between the public and the private of this exceptional type of contractual relationship, it is valid to point out that there is a principial clash, taking into account that the premise of public law is to do only what is expressly ruled and, that its Once the premise of private law corresponds to that everything that is not expressly prohibited is allowed. From the above, the question arises about what would be the determination and scope of the duties of conduct derived from the principle of objective good faith in the state contract governed by private law, given that this principle is progressively positive in both public right as private. Therefore, it is intended with this article, to study the definitions and background of those duties of conduct in the state contract of work governed by private law and identify there the determination and scope of its application.