Las Resoluciones de Terminacion Unilateral del Contrato en las Instituciones Publicas y la Garantia de Motivacion

Abstract

The unilateral termination agreement in a public matter is a legal figure established in the LOSNCP, this form of termination of a contract between a public entity and a private contract is an authority that possessed a contracting entity. The motivation is a guarantee of due process, is a right of the administered demand its fulfillment thoroughness, and is mandatorily applicable to administrative resolutions, all public authority is under obligation to correctly argue the resolutions that issue within their functions. The importance of motivating the resolution of unilateral termination of the contract arises because such decisions have consequences that affect contractors, the legal effects arising from such resolutions are punitive for the contractor. The need to study and analyze whether the State, through its officials, actually respects this right of the contractor arises, the present research aims to determine compliance with the guarantee of motivation to avoid the transgression of rights by the abuse of this power. The theme corresponds to the line of research: public policies, law, and society, an analytical study was carried out through surveys, interviews, and a review of the bibliography. Consequently, the qualitative and quantitative methods were applied through the use of primary and secondary sources such as surveys, interviews, and bibliographic information, thus obtaining the results of whether the guarantee of motivation is applied in the resolutions of unilateral termination of contracts