Cláusulas Exorbitantes. Contratación Estatal 1.0 - Interpretación Unilateral

This is the first in a series of videos we'll be producing about so-called exorbitant, exceptional, or state prerogative clauses, considered a form of permissible contractual inequality. The existence of these exceptional clauses does not prevent a contractor, if they feel aggrieved outside the framework of the law, from resorting to the state's jurisdictional function to pursue their legal claims. Unilateral interpretation can be applied to the contract itself, as well as to other documents or stages of the contractual process. Its aim is to resolve discrepancies or differences between the contracting party and the contractor (or bidders and the state) whenever there are unclear points or issues. In such cases, the public administration itself can interpret the situation and assign the appropriate meaning without resorting to the courts, as this would paralyze public procurement and the activities of the public sector. The interpretation made by the State cannot be arbitrary or based on mere whim, because the public administration cannot substantially or excessively change the rules of the game, much less modify pre-established situations in the contractual process, nor transgress the legal order. Ocampo Law Firm Facebook:   / ocampolawfirm   Twitter:   / ocampoabogado   Instagram:   / ocampolawfirm