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Opinión Jurídica
versión impresa ISSN 1692-2530versión On-line ISSN 2248-4078
Resumen
GUECHA MEDINA, Ciro Nolberto. A Proposal to Eliminate Contractual Action in Administrative Agreement Control. Opin. jurid. [online]. 2008, vol.7, n.13, pp.55-74. ISSN 1692-2530.
The contracts are administrative proceeding, it must be subordinate to the principle of legality, which means that there must be mechanisms to be effective this principle, which is determined by the control is done in respect of them, Through administrative actions contentious. Indeed, the contentious administrative actions, are the right way to the legality of the contract and other acts issued within the recruitment process. Actions as simple nullity, invalid with restoring law and contractual action are used for such control. But the nature of the contentious administrative actions such as contract and other acts on the dictates of recruitment activity, indicating that control how it should be, so that there can be no allocation of powers capricious, violated general principles relating to the contract, actions and the control of legality. If we stick to the contract should be regarded as administrative act, to the legality of actions by their nature are simple nullity and invalidity and restoration of law and that the contract action is an action for compensation; not justified the existence of this last, in the Colombian legal system.
Palabras clave : Action; control; law; act; contract invalid.