Abstract

GUECHA MEDINA, Ciro Norberto. Falacia de las cláusulas exorbitantes en la contratación estatal. Opin. jurid. [online]. 2006, vol.5, n.10, pp.33-47. ISSN 1692-2530.

The concept of exorbitant clause has been a primordial criterion to identify the administrative or state contracts in the Colombian as well as in the French Law; but it is quite pertinent to affirm that, according to the consecration made by the contractual statute, the notion of exorbitant or exceptional clause does not exist in our ordinance but rather that, on the contrary, the Administration is endowed with prerogatives that assert it over the administrated, within the administrative procedure of hiring. In the previous circumstances, it is thus viable to say that the commonly accepted criterion of exorbitant clause is but a fallacy in our juridical system.

Keywords : state contract; clause; exorbitant clause; power; prerogative.

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