Responsabilidad contractual en tiempos de pandemia en Colombia

Abstract

In times of pandemic, the State needs to act efficiently and promptly in the challenge of addressing the Economic, Social and Ecological Emergency, as well as in providing urgent solutions to the current legal-business relations that were affected in their execution and compliance by the taking temporary preventive isolation measures, restricted hours, requirements for biosafety protocols, restrictions on movement from one city to another, higher value of materials, goods or services and a whole series of regulations issued by the National Government motivated by the outbreak of the covid-19 disease in the country. In the sphere of contractual liability, the measures taken in the state of emergency could affect the fulfillment of contractual obligations, finding of great importance the analysis of the possible theories that can be applied to state contracts, however the solutions must be analyzed on the basis of the individual circumstances of each legal business, leading to different proposals that in principle should be taken by mutual agreement by the parties in order to satisfy the general interest under the line of the dogmas of state public procurement.