Publicación:

Medios de defensa del sector asegurador en las Pólizas de Cumplimiento de los Contratos Estatales

Resumen

The purpose of this research is to analyse what are the defences, at the time when the payment of the performance policy becomes enforceable in a state contract, when state entities initiate legal proceedings after the expiration of the contract is declared. It is important because harmony and equality are sought in state procurement. Therefore, the central part of the work is to find legal actions and legal mechanisms to defend the insurance sector, in cases where the 6 payment of the performance policy is not enforceable and the responsibility is imputable to the contractor . In order to fulfill this purpose, this descriptive research was carried out following the deductive scientific methodology, analyzing the jurisprudence and comparing both the doctrine and the norms. Identifying defences at the time when the payment of the performance policy becomes due in a state contract. It can be concluded that, within the state contracting process, not only the State Entity and the Contractor intervene, but also the insurers intervene as a third party as a private entity, providing guarantees to public services