Las cláusulas excepcionales en la contratación estatal: una mirada frente al principio de igualdad
Bedoya Puerta, Johanna Vanessa
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The concept of exorbitant power of the state, in matters of state contracting, has been understood in Colombia as a power attributable to the administration to guarantee the direction, control, execution and compliance of the contract, based on its constitutional duty to ensure the general interest and collective benefit. In this sense, the General Statute for Public Administration Contracting (Law 80 of 1993), and other concordant norms, have provided state entities with certain means and prerogatives for the effective fulfillment of contractual purposes, means that doctrine and jurisprudence have called exorbitant clauses and that, in any case, grant certain advantages to the administration in its contractual relations. Among them, the unilateral modification of what has been agreed upon, the unilateral interpretation and termination of the contract, the reversion, the expiration, the submission to national laws and the reversion, which in addition, in some contracts, are understood to be integrated to it even though they are not expressly agreed upon. This paper will analyze the tension that these privileges entail in relation to the principle of equality, in order to identify and make visible, in light of case law and doctrine, the alterations that this principle undergoes in the area of state contracting.