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Application of norms and principles of the Civil Code in administrative contracts: jurisprudential analysis

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No. 90 (2019): 1er. Semestre
https://doi.org/10.5354/0719-5249.2019.53996

Abstract

The Law 19.886 establishes a legal order of priority to apply in the administrative contracts that are the object of the regulation, this is not necessarily respected. The above, in the opinion of this author, has a clear cause: the resolution of conflicts over administrative contracting by civil courts. Due to the foregoing, the civil jurisdiction takes a leading role, taking charge of a specific matter such as administrative contracting, reflecting the preeminence of civil norms over what is established in Law 19.886 and in the rules of Public Law, generally resolving with emphasis in general principles of law and assimilations to private law institutions. It seems relevant to point out that although sentences were passed that apply the principles of administrative contracting to resolve, it is not a constant in judicial decisions, there are courts that intuitively resolve applying only the civil law, without considering particular aspects of administrative law, for what is necessary a thorough review of the contract by the judges, for the correct application of the different areas of law that coexist for the resolution of cases, at least while there is no special jurisdiction.

Keywords:

Public administration, administrative procedure, exorbitant clause, public law, private law

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How to Cite
Pincheira Sepúlveda, C. A. (2019). Application of norms and principles of the Civil Code in administrative contracts: jurisprudential analysis. Revista De Derecho Público, (90), 79–111. https://doi.org/10.5354/0719-5249.2019.53996
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Revista de Derecho Público
Facultad de Derecho
Universidad de Chile
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