The Commission of success as an effective form of remuneration of the state contract: origin, requirements and limits
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Abstract
This article develops concepts and clear parameters on the use of the figure of success as a form of payment of contractual obligations present in the state agreement. The foregoing, from the perspective and analysis of the incidence of private law, its principles and rules as a subsidiary regulatory body of public law. This is possible by means of the exposition of reasons that sustain and validate the use of said figure, in accordance with the freedom that the contract parties have to agree on stipulations regarding the form of payment thereof and, regardless of whether their origin is in the right private. Likewise, the parameters indicated by the Council of State will be raised throughout the writing so that its use can be admitted and justified, understanding in this way that the public right in effect, will be able to use said figure, although with some fixed limits.