Bibliographic citations
Salazar, J., (2023). Laudo arbitral de fecha 30 de enero de 2017: Entendiendo el acto administrativo contractual a propósito del procedimiento de liquidación del contrato [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/24405
Salazar, J., Laudo arbitral de fecha 30 de enero de 2017: Entendiendo el acto administrativo contractual a propósito del procedimiento de liquidación del contrato []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/24405
@misc{renati/529044,
title = "Laudo arbitral de fecha 30 de enero de 2017: Entendiendo el acto administrativo contractual a propósito del procedimiento de liquidación del contrato",
author = "Salazar Andrade, Javier Juan Manuel",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
We will analyze the contractual administrative act as a form of manifestation of the will of an entity within the framework of a contractual relationship of public law regarding the liquidation procedure of the public works contract, distinguishing it from the administrative act and the manifestation of will between private parties. Considering that this work of professional sufficiency implies analyzing a contract case, we will study the arbitral award assigned during the course of the academic research seminar, identifying the arguments of the arbitrators in order to express our concordant position and the differences of opinion on what was decided. For the court, the entities express their will through administrative acts, for this reason it declares the consent of the liquidation of the contractor due to the lack of pronouncement of the entity, it maintains that, although it was pronounced within the term, said pronouncement does not comply the requirements of validity of the administrative act according to the law of the general administrative procedure. We respectfully disagree, we maintain that the aforementioned pronouncement is not an administrative act but a contractual administrative act, so that if said figure had been adopted, the result of the arbitration would be different. Leaving aside the above, we will examine as secondary problems those related to the claims for deficient preparation of the technical file, the opportunity in the delivery of the performance certificates, and finally if the figure of the contractual administrative act affects or not the arbitrability of the decisions of entities within a contract. This research would not be possible without the help of authors such as Linares Jara, Agustín Gordillo, Omar Alejos among others; The opinions of the OSCE were also used, comparing the variation of its position over time, and as essential regulatory instruments the contracting law and its regulations applicable to the contract, the general administrative procedure law and the civil code.
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