Nature and Justice of Government contracts

Main Article Content

Jaime Arancibia Mattar

Abstract

This article deals with the nature and justice of government contracts. It argues that it is not a contract but a mixed and modal administrative decision that imposes public compensated burdens whose effects are subject to the acceptance by the addressee. Therefore, the legal relationship is not perfected by an agreement but by the administrative decision that awards such burden. Public contracts are subject to distributive justice, which is inherent to any legal relationship between the community as a whole and a person as one of its parts.

Article Details

Section
Doctrina: Estudios e Investigaciones
Author Biography

Jaime Arancibia Mattar, Universidad de los Andes

Profesor de Derecho Administrativo, Universidad de los Andes, Chile. Dirección Postal:
Mons. Álvaro del Portillo 12.455, Las Condes, Santiago de Chile. Correo electrónico:
jarancibia@uandes.cl.