Abstract

BALLESTEROS PINILLA, Gabriel. Contractual fines in the State Contracts subject to private law. Rev. Derecho [online]. 2018, n.50, pp.13-45. ISSN 0121-8697.  https://doi.org/10.14482/dere.50.0002.

The pact, imposition and collection of contractual fines by public entities subject to private law has been limited by the jurisprudence of the Third Section of the Council of State, which hinders the contractual management of these entities. This article sets out the various positions that the Council of State has held on this matter, and then, through an analysis of comparative law, determines the nature of the contractual fines and penal clauses in the various Legal systems and our legal system. This gives clarity on the possibility of agreeing, imposing and collecting fines on the part of State entities subject to private law.

Keywords : Special contracts; Contractual fines; Penalties; Penalty clause; Prerogatives; Exorbitant faculties..

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