Motives and Purposes for Litigation for Nullity and Litigation for Nullity with Right Restoration: The Debate Continues
For some time, the Colombian legal doctrine has been occupied with the problem of establishingunder what conditions a litigation for nullity against administrative acts should take place. Thislitigation generates particular, concrete, or subjective situations. In addition, because of the needto adju...
| Autor Principal: | Sánchez Baptista, Nestor Raul |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
University Santo Tomás, Bogotá
2015
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| Materias: | |
| Acceso en línea: |
http://revistas.usta.edu.co/index.php/viei/article/view/2448 |
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| Sumario: |
For some time, the Colombian legal doctrine has been occupied with the problem of establishingunder what conditions a litigation for nullity against administrative acts should take place. Thislitigation generates particular, concrete, or subjective situations. In addition, because of the needto adjudicate certain real life events, the litigation for nullity creates, modifies or extinguishesa specific and subjective legal relationship. That situation occurs because a person can litigatefor nullity against administrative acts of particular and concrete nature. Often, plaintiffs do notconsider that the mere nullity implies a restoration of a right. For the prosperity the restoration,people need to check their legitimacy as plaintiffs, their compliance with procedural requirementsas the exhaustion of administrative remedies, and the expiration of the litigation for nullity andof the right reinstatement. This article aims to help solve this vicissitude. To this end, I present aqualitative analysis of the framework of the existing Colombian jurisprudential development of alitigation for nullity. |
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