An administrative approach on the pre-contractual liability of the Administration in the Peruvian law

Meneses E.C. · Revista de Derecho Administrativo Economico (2023) · DOI: 10.7764/redae.37.4

Resumen

The development of pre-contractual liability in Peru is poor, if we are looking for a regime or an express rule in the legal system. For this reason, the doctrine has devoted hermeneutic efforts to build a system that allows preventing, punishing and repairing the damage caused by the breach of pre-contractual duties. In private law, this type of liability pivots on the principle of good faith recognized in the regime of the legal act, as well as in the general theory of contracts of the Civil Code. However, this does not happen in the regulation of state contracts. Law No. 30225, Peruvian State Contracts Law, is silent on the forms of liability that may arise in the preparation, conclusion, execution and termination of a contract. In this sense, the author seeks to lay the foundations for the interpretative construction of a system of pre-contractual liability in the context of State contracts based on the principle of legitimate trust. © Pontifica Universidad Catolica de Chile, Programa de Derecho Administrativo Economico. All Rights Reserved.

Instituciones: Universidad Científica del Sur