INTRODUCTION.

This research will be carried out with the objective of knowing, deepening and
analyzing the important aspects of the topic to be discussed to obtain relevant
knowledge about what is the purpose or extension of administrative contracts that
refers to compliance, warranty period and termination of the contract etc. The
learning acquired by developing this research will be of great contribution and help
to our lives, whether in the social or professional field, since it establishes legal
responsibility because through the contract one of the parties is obliged to provide
a service to the satisfaction of the community therefore this topic is of great
interest.
End or Termination of Administrative Contracts.
Administrative contracts can be terminated in the normal way and in an abnormal
way.
Normal form: Compliance with the obligation, the public administration complies
with paying the contract price and the administrator complies with executing the
work, providing the service, etc.
Abnormal form: Termination caused by an action of the parties, such as non-
compliance, we must keep in mind that, especially in administrative matters, the
Pacta sunt servanda must always prevail. In this sense, the contract can be
extinguished because the public administration issues an Administrative Act of
termination of the contract, with which a paralysis of its effects automatically
occurs: or by judicial means, when one of the parties fails to comply and the other
goes to court. the judicial route (the professor does not like to call it “jurisdictional
route”), through the application of Art. 1167 CC : “In the bilateral contract, if one of
the parties does not execute its obligation, the other may, at its option, judicially
claim the execution of the contract or its resolution, with damages in both cases if
applicable. ”.

COMPLIANCE WITH THE CONTRACT.

The contract will be deemed fulfilled by the contractor when he has completed, in
accordance with its terms and to the satisfaction of the administration, all of its
object.
Article 1264 indicates: “Obligations must be fulfilled exactly as they have been
contracted. The debtor is responsible for damages in case of contravention.” The
immediate effect of the obligation is to give rise to the responsibility of the debtor,
the duty to provide, the duty of exact performance. The normal hypothesis is that
the debtor spontaneously and accurately complies with the due performance: this
is normal compliance, compliance in the strict sense or compliance in the objective
sense. And thus the interest of the creditor is fully satisfied. The fundamental effect
of compliance is the extinction of the obligation or more properly the bond.

PROVISIONAL RECEPTION.
Once the work is completed by the contractor or service provider, the formal
delivery is made so that the contractor can receive or not receive the work in
progress, by virtue of compliance with the requirements of said entity, under the
conditions established by contract.
WARRANTY TERM.
It is one that is established for the purposes of corroborating, determining and
verifying compliance with the administrative contract by the contractor, once the
final reception has been made.
It is the one that begins from the final reception

FINAL RECEPTION.
This type of document, from a legal point of view, produces a change of ownership
and responsibility for the conservation of the work from the builder to the
contractor. Logically, this change of ownership must entail compliance with the
corresponding payment requirements.
The definitive reception is determined by the development of an act which
determines the conformity of those executed or constructed by the contracting
entity.

COMPLIANCE WITH THE SUPPLY CONTRACT.

The supply contract is a commercial contract that consists of, on the one hand, one
party being obliged to perform in favor of another, independently, periodic or
continuous provision of things or services, in exchange for a payment or
consideration, that is, That is, one person agrees to provide things or services to
another in exchange for payment.
An example of a supply contract is a company is contracted to supply fabrics to a
clothing manufacturing workshop.

DURATION OF THE PUBLIC SERVICES MANAGEMENT CONTRACT AND

REVERSION.
Article 113 of the Constitution provides that concessions may only be granted for a
limited time, for the establishment and exploitation of works and services of public
interest. Following the constitutional provision, the Concessions Law provides that
the duration of concession contracts will be fifty (50) years counted from the
completion of the contract (art. 16).
The reversion will operate in accordance with the conditions established in the
supplementary contracts that are signed for this purpose and in which the manner
of compensating the concessionaire for the unamortized portion will be established
(art. 42, paragraph 10, LORM).
THE DECLARATION OF NULLITY OF CONTRACTS.
The author Eloy Maduro Luyando in his work “Course of Obligations” Civil Law III.
It defines the nullity of the contract as “The nullity of contracts is the consequence
of a defect in its formation that makes it ineffective or insufficient to produce the
legal effects sought by the parties. The sanction can be of various degrees:
depriving it of all effects (total nullity), producing some effects (partial nullity), or
producing effects different from those sought by the parties (conversion of the
contract).”
Article 1,142 of the Venezuelan Civil Code
The contract can be canceled by:
1-. Legal incapacity of the parties or one of them:
They have natural and legal incapacity: Minors, those of legal age due to a
reversible or irreversible illness, or due to their state of disability, whether physical,
sensory, intellectual, emotional, mental, or several of them. At the same time, they
cannot govern themselves, bind themselves or express their will, by themselves or
by any means that replaces it.
The capacity:
This is the ability of people to be holders of rights and obligations and to assert
them for themselves, which the law recognizes to the person, there is the capacity
to enjoy and the capacity to exercise (legal); The capacity for enjoyment is the
ability of people to be holders of rights and obligations.
2-. For defects of consent:
Consent is the manifestation of will, which must be free, that is, without defects
(error, violence, fraud or bad faith); by which a person gives his approval to enter
into a contract.
THE RESOLUTION OF ADMINISTRATIVE CONTRACTS.
The resolution of administrative contracts is one of the prerogatives enjoyed by the
administration in its capacity as guardian of the public interest that underlies each
contract. This is the possibility of terminating the contract unilaterally (without
prejudice to the possibilities of challenging this act by the contractor) through an
administrative file resolved by the contracting body itself.
IMPACT OF THE PERSONALITY OR CAPACITY OF THE CONTRACTOR.
In short, the contractor, whether through its classification or directly before the
contracting body, must guarantee not only its economic and financial solvency, but
also its technical and professional capacity.
The causes that affect the personality or capacity of the contractor, breach of the
latter, breach of the administration, modification, suspension or deletion of the
object of the contract or mutual dissent. For its part, the causes of termination as
they affect the person or their solvency, as they affect the fulfillment of their
obligations or, finally, as they affect the content of their contract.
Juristo Sanchez states that “it seems that only the causes of termination could
really be systematized according to whether or not they are linked to the will or
behavior of the parties, for example that which is based on breach of contract as
well as the death or sudden disability of the contractor.

THE CONTRACTOR'S NON-COMPLIANCE.

According to Maduro Luyando (1987), the exception non adimpleti contractus
(exception of unfulfilled contract), also called exception of non-compliance, “is the
facul ability of the party to a bilateral contract to refuse to comply with its
obligations when its counterparty demands compliance without in turn having
fulfilled its own obligation” (p. 502).
For Ossorio (2006), this exception “is applicable to the case that, in bilateral
contracts, one of the parties does not comply with its provision, or does not agree
to comply with it simultaneously; then, by this exceptio, the other party can refrain
from fulfilling his or hers.” (p. 390).
Finally, the non adimpleti contractus exception has its legal basis in article 1168 of
the Civil Code, which establishes: “In bilateral contracts, each contract The treater
may refuse to execute his obligation if the other does not execute his, unless
different dates have been set for the execution of the two obligations.

THE FAILURE OF THE ADMINISTRATION.

Officials and other people who provide services in the public administration are
obliged to process the matters whose knowledge corresponds to them and are
responsible for the faults they incur.
The interested parties may complain to the immediate superior of the delay,
omission, distortion or non-compliance with any procedure or deadline incurred by
the officials responsible for the matter.
The repeated negligence of those responsible for the matters or resources that
result in them being considered negatively resolved as provided in this article, will
entail a written reprimand for the purposes of the provisions of the Administrative
Career Law (today Law of the Statute of Public Service art.83), without prejudice to
the sanctions provided for in article 100 of this law. "The public official or employee
responsible for delay, omission, distortion or non-compliance with any provision,
procedure, procedure or deadline, established in this law, will be sanctioned with a
fine between five percent and fifty percent of their corresponding total
remuneration. to the month in which the infraction was committed, depending on
the seriousness of the offense". (Negative Administrative Silence) one could speak
of tacit acts.

THE MODIFICATION, SUSPENSION OR DELETION OF THE OBJECT OF THE

CONTRACT BY THE ADMINISTRATION.
The contracting body or entity may, before or after the supply of goods, the
provision of services or the execution of the work has begun, introduce the
modifications it deems necessary, which will be notified in writing to the contractor.
Likewise, the latter may request from the contracting body or entity any
modification that it considers appropriate, which must be accompanied by the
corresponding economic, technical and budget study, and the contracting body or
entity must give a timely response to it. The contractor may only make proposed
modifications when he receives written authorization from the contracting body or
entity, duly signed by the highest authority or whoever he delegates.
In administrative contracts, phenomena such as unilateral modification or early
termination of the Contract occur, which are some of the typical examples that
signify the extraordinary powers of the Administration or that characterize this
special regime of administrative contracts. But Giannini, the illustrious Italian
professor, says that the French raised the problem by forgetting the regulation that
the Civil Code itself brings on the works contract. In the works contract (if you open
the Venezuelan Civil Code), you will find that the owner of the work can demand
that the contractor suspend the work, or finish it. Naturally, the owner of the work
must always pay compensation for damages. As a forced consequence: if the
owner of the work can terminate the Contract at any time of his own will
unilaterally, obviously he can at least demand unilateral modifications to the
contract itself.
The stoppage act is a legal or legal document that determines the suspension of
the execution period of a specific work by virtue of some specific condition that
determines said situation or forces said scenario, where some of the parties are
affected if they do not comply. establishes a stoppage of the work.

THE MUTUAL DISSENSE.

Maduro (1987) explains that given the eminently consensual basis of contracts in
Modern Law, it is obvious that if contracts are formed by mutual consent (mutuo
consensu.), they can also be undone by the mutual consent of the parties that form
it. integrate. In this case it is said in the doctrine that contracts can be undone by
mutual dissent (mutuo disensu). If the parties are free to bind themselves of their
own will, they are equally free to legally separate themselves of their own will.
Mutual dissent as revocation; This follows from the provisions of article 1159 of the
Civil Code: “Contracts have the force of law between the parties. They cannot be
revoked except by mutual consent or for authorized reasons. ceded by law.”
The dissolution of contracts is the normal form of voluntary termination thereof and
necessarily requires the consent of the contracting parties (mutuo disensu).

THE ASSIGNMENT OF THE CONTRACT AND THE SUBCONTRACT.

Both the assignment of the contract and the subcontracting represent exceptions to
the general rule of the very personal nature of administrative contracts, in which
the consideration of the qualities of the contractor is a fundamental note, hence the
law, although it authorizes subcontracting, provides for the possibility that the
contract or the specifications provide otherwise or directly prohibit it in those cases
in which, due to the nature and conditions of the contract, it is deduced that it must
be executed directly by the successful bidder. In any case, it is required that the
subcontracting be communicated to the Administration
In subcontracting, a company hires another, so that the latter performs part of the
services for which the first has been contracted directly. Unlike the assignment of
the contract, the third subcontractor is not subrogated to the legal position of the
contractor, who will continue to be responsible to the Administration - which
remains unrelated to the subcontract - for the correct execution of the object of the
contract, including the of those services that have been subcontracted.
 CONCLUSION

contracts, it is of great importance in the future for students of Legal Sciences to

know in a complete and in-depth manner everything related to contracts, since they
constitute the basis of a whole range of legal actions that occur in practice and in
what to do legally for the lawyer, because the civil courts are full of decisions
already based on the theory of obligations, fulfillment of contract, execution of
contracts, violation of contracts, annulments of sales acts, mortgage radiations.

REFERENCES.

Administrative Law in Venezuela – Administrative Law II sent by Lycette Scott.

Civil Law Course III – Eloy Maduro Luyando.
Administrative contracts in Venezuela – Gonzalo Pérez Luciani. Professor of
Administrative Law at the Central University of Venezuela.
Regime of administrative concessions – Rafael Badell Madrid Professor of
Administrative Law – Universidad Católica Andres Bello.
The resolution of administrative contracts due to non-compliance by the contractor
author: Concepción Barrero Rodríguez