Abstract

ROJAS-POVEDA, Daniel Eduardo. Claims for the Economic Unbalance of Public Contracts: The Good Faith and the Doctrine of One's Own Acts Under the Council of State's Case Law. Rev. Derecho Privado [online]. 2022, n.42, pp.111-144.  Epub Mar 31, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n42.06.

The Colombian State Council has developed the rule whereby every single claim based on the economic unbalance of public contracts must be made by the contractor at the precise moment of suscribing contractual documents such as extensions, suspensions, additions or amendments. If not, pending issues between the parties are deemed to be solved, and the contractor is banned from filing any claim in the future based on past circumstances, for doing so would violate the principle of good faith and the doctrine of one's own acts.

Taking this into account, this paper seeks to analyze the way in which the principle good faith can be applied, because by privileging certain sceneries of economic, the State Council is in fact reducing the likelihood of obtaining the adjustment of the contract and the repair of the damage inflicted on the contractor.

Keywords : the opportunity to claim for the economic unbalance of public contracts; good faith principle; venire contra factum proprium non valet; substantive law prevalence; full compensation principle.

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