Constitution

For the free iniciatividad, (principle of free enterprise) and the right to act in the economy are not merely rhetorical figures, without any consequence practice, there is beautiful this climate of security and predictability of the decisions of the Government which will involve a legal system grounded in an absolute reserve of the Act, which confers the ability to objectively provide their legal burdens, thus giving the indispensable guarantees required for a free and responsible economic initiative on economic subjects. Our membership in the study of the economic regime of the Constitution, has been oriented towards the establishment of the constitutional bases of the legal stability contracts, allowing us to establish the scope of basic rules designed to provide the fundamental legal framework for the structure and functioning of the economic activity, within which is going to develop the State’s auditor rolethe same thing is going to have a guarantor role in the effectiveness of the economic system, projected this to maintain competitiveness in the market, the distribution process, constancy economic processes and the implementation of a social policy. It seems to us, what does not interest qualify that if the contract is civil, but is importantly deduce that it is a contract that creates legal relations between the parties and is binding for them. It is essential to collect here the idea that the contract in both rights is source of obligations and its genesis is not own nor exclusively to civil law, that belongs to the general theory of law and she the legislator can serve to create a contractual mechanism as special as the contracts for stability. In the strict sense, guarantees and assurances for investments have been instrumentalized through a contract on the basis of the recruitment scheme. Our thesis is that of the existence of a public contract, one which combines elements of the administrative law of the civil law to produce consequences framed within the plans or State policies to promote the growth and development of the economic unit.

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