1. Ampliación de la Legitimación por Activa en la Acción de Repetición, como Mecanismo de Protección del Patrimonio Estatal Colombiano.
- Author
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Ferrari Flórez, Fernando
- Subjects
- *
LEGAL research , *COMPTROLLERS , *PUBLIC officers , *POSSIBILITY , *COLLECTIONS - Abstract
This article seeks to determine the possibility of expanding the active legitimacy of the Comptroller General of the Republic, in the repetition action, as a mechanism for the protection of the Colombian state resources. To achieve this, this work is divided into three sections. In the first chapter, the legal regulation of the repetition action in Law 678 of 2001 and in article 142 of the CPACA is analyzed. In the second, the causes that generate the main difficulties on the ineffectiveness of the repetition action in Colombia are examined. And finally, in the third chapter, it is established whether it is appropriate to admit the active legitimation of the Comptroller General of the Republic in the repetition process. Methodologically, this research is of a legal nature, and the analytical method was applied, being the source of collection of secondary information. It was concluded that in the current state of the repetition action in Colombia it is not possible for the Comptroller General of the Republic to be legitimate in the case by active to initiate the repetition action, however, because it is legally viable, it is proposed or It is suggested that the Congress of the Republic review the legislation on the subject and include the Comptroller General of the Republic among the entities authorized to initiate said action. [ABSTRACT FROM AUTHOR]
- Published
- 2021
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