Sanctions for breaches in public contracts for supply and services: uncertainty as a problem of public policy

Authors

  • Camilo Lledó Veloso Universidad de Chile
  • José Pardo Donoso Universidad de Chile

Abstract

The authors analyze the sanctions system for breaches in public contracts for supply and services regulated by Law 19,886. In this regard, there are two theories that explain the legal nature of those sanctions. One considers that they are part of the public punitive power. The other considers that these penalties have a contractual nature. The authors analyze the advantages and disadvantages of each theory, proposing some measures that could improve the sanction system for breaches in these contracts.

Keywords:

Public contracts, breach, sanctions system