Abstract

JOUVE GARCIA, Antonio. TEMPORALITY OF THE CADUCITY. Estud. Socio-Juríd [online]. 2002, vol.4, n.2, pp.154-178. ISSN 0124-0579.

Recent decisions from the Council of State, Supreme Court of administrative jurisdiction, have changed its traditional precedent in relation with the maximum term to impose sanctions like caducity and fines to State contractors. These new decisions have enlarged the legal term until the realization of the bilateral final liquidation. This circumstance has motivated many abuses from public chief officials that force to study the viability of these decisions before the justifications either or philosophic, in which the exceptional faculties get support and the excessive powers that State entities have in this contractual action. This article tries to call State attention about its attitude toward exceptional faculties in its role as the supreme protector of the common interests, and not as judge of its own legal relations, for this will create abuse of its position as part of a bilateral relation.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )