Proceedings against irregular small contracts and the effects of the nullity of the small contract

Abstract

The battle against irregular small contracts can be carried out through different channels whose legal framework (causes, procedure, deadlines) and economic effects differ notably and respond to different criteria. The article analyzes the legal claims for payment based on the prohibition of unjust enrichment, the extrajudicial recognition of the obligation and the validation of annullable expenses, the ex officio review of minor contracts that are null and void, the patrimonial and contractual liability as well as the respective effects derived from the nullity of the minor contract.

Keywords:

small contract, irregular public procurement, nullity, regularization, proceedings, effects