ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
Effectiveness of the Only Guarantee Compliance with State Contracts, Constituted Through Insurance Compliance (Efectividad De La Garantía Única De Cumplimiento De Contratos Estatales, Constituida a Través De Póliza De Seguro De Cumplimiento)
This article, with a full support case law shows how the new legislation contained in Act 1150 of 2007 and decree, still leaves much to be desired and does not solve the doubts about the legality of the powers that are intended to provide a definitive governmental entities to enforce the guarantees contained in insurance compliance, and analyzes the mechanisms that have been implemented to strengthen its effectiveness on the basis of removing the regulation of this insurance to the rules governing the legal business in the Trade Code. Furthermore, it shows how the lack of clarity on issues of procedural route (regular process or process executive) and applicable jurisdiction (coercive, ordinary or administrative litigation) lead to the continued hesitation jurisprudence on these matters, endless discussion about it within Section III of the State Council and among sections of the same organism. Similarly, the lack of definition on the subject of the statute of limitations or forfeiture to be applied in this case stills lives a nebula in this topic. Finally, we propose some elements of discussion for the solution to the petition.