Administrative subcontracting: exercise of the direct action of article 1597 of the Civil Code

Abstract

Partial benefits outsourcing is a widespread phenomenon in the current economic system and also the administrative contract, acquiring special relevance in the works contract. Article 1.597 Civil Code gives the subcontractor a direct action to recover the agreed price for their activities you can practice before the owner of the work. This direct action can also workout at the heart of the administrative contract because the relationship between subcontractor and contractor is private law no public standard contracts actively regulate core provides guarantees of economic relations between the contractor and subcontractors and vendors. Against the proposed amendment of the Law on Public Sector Contracts removal of direct action, this article argues that subcontracting convenience is fully integrated into the procurement contract as it directly affects its proper implementation, and ultimately To the public interest so as to give the subcontractor the opportunity to claim to the Contracting Authority fails to pay the price in time the main contractor.