End of Administrative Contract: Basic Concepts and Legal Procedures

Abstract

This research examines the concept of the termination of an administrative contract and the legal procedures related to it, defining it as "putting an end to a contract, thereby dissolving what remains of the contract after termination. However, what occurred before that has no effect." The research clarifies the fundamental differences between termination and other terms such as rescission, nullity, and withdrawal of work, noting that termination may occur in the public interest without fault on the part of the contracting party, while rescission requires fault. The research reviews the methods for terminating an administrative contract, distinguishing between natural termination, which occurs through the fulfillment of obligations or the expiration of the term, and unnatural termination, which includes termination by agreement, by force of law, judicial termination, administrative termination (for the public interest or as a penalty), or by the death of the contracting party. It also discusses the limits of the administration's authority to terminate a contract, emphasizing that it is not absolute, but rather restricted by conditions to ensure the public interest or as a punitive measure for non-compliance. The research concludes by clarifying the implications of contract termination, both in terms of compensation in the case of termination in the public interest, and financial consequences in the case of penal rescission