Abstract

FORERO HERNANDEZ, Carlos Ferney. The legal regime of the industrial and commercial companies of the State, administrative law, or economic law. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2021, vol.51, n.134, pp.52-82.  Epub Dec 21, 2021. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v51n134.a03.

Academia frequently discussed whether the legal regime of industrial or commercial companies of the State is administrative law; some consider it is not, because these companies are modalities of the intervention of the State in the economy and, therefore, it would correspond to economic law. Others consider it to be administrative law since it is part of the field of study of the executive branch of public power. In this way, the purpose of this text is to differentiate the academic community on the convenience of talking about economic law, and not administrative law, when we refer to the legal regime of industrial or commercial companies of the State. Understanding by economic law as the right of the direction and intervention of the State in the economy. Accepting that its regime is economic law implies applying the Economic Analysis of Law (EAL) as a tool that aims for efficiency in economic activities. This topic has an interdisciplinary approach that links law and economics.

Keywords : Industrial or commercial companies of the State; economic law; administrative law; Economic Analysis of Law-EAL.

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