La contratación administrativa y el enriquecimiento sin causa

Abstract

The principle that prohibits all enrichment without cause has been settling in a very particular way in the argentine contract Administrative Law, as well as in different ibero-american systems. One of the peculiarities of its application is linked to the invalidity regime of the administrative contract, especially in cases where serious defects in the elements "form" or "procedure" are checked. Despite the guidelines established by federal regulations, the Argentine Supreme Court, after a change, has validated that in the event of omission or serious vice in the “form” or “procedure” elements of the administrative contract, the non-existence of the agreement must be declared, ruling out the possibility of officially recognizing the figure of uncaused enrichment. However, the decision supported by the High Court could be exceptionally complemented, promoting the declaration of the patrimonial responsibility of the Administration for enrichment without cause, to the extent that a series of specific collections are duly collated, in the face of a series of specific situations. With justification in the principles of iura novit curia and da mihi factum, dabo tibi ius, this would not violate the procedural principle of congruence or the right of defense of the Administration, as can be evidenced in iberoamerican jurisprudence.