Unión temporal : un análisis sobre el desconocimiento de su naturaleza jurídica en la aplicación de sanciones

Abstract

Colombian law provides that it is possible to access the state contract from plural structures in order to ensure compliance with the essential purposes of the State, however, makes few distinctions between the Temporary Union and Consortium beyond establishing an insipient regime that determines liability, which ends in a lack of precise delimitation of the institution, denaturalizing the Temporary Union because in practice it blurs the scope of solidarity that the rule provides and ends up applying this in an absolute manner with respect to the members of the structure. Thus, this article presents a reflection on the in natura elements of the Temporary Joint Venture, its legal regime applicable to individual contractors and consortia, to establish how in the sanctioning processes the indeterminacy can be resolved from a progressive scheme and based on principles for the application of sanctions. Finally, conclusions are presented based on a dogmatic and jurisprudential study on the cause, establishing that the nature is determined in the way in which the members of the plural structure assume the responsibility within the framework of the sanctioning process.