Los contratos de arrendamiento de bienes muebles e inmuebles, y su aplicación en la Ley Orgánica del Sistema Nacional de Contratación Pública

Abstract

The Article 59 of the Organic Law of the National System of Public Procurement establishes the rules for the leasing of real property, stating: "The leases for both the case in which the State or a public institution having the status of lessor and lessee will be subject to the rules laid down in the Regulations of this Act". This rule allows the leasing of real estate, as provided in the bylaws, but the mode or the circumstances in which such contracts will take place not stated. Is nothing of the lease of personal property is also not indicated, so the nature of the lease of goods, standardization and where be followed by property lease is indicated. For these circumstances, because the Regulations to the Organic Law of the National Procurement System regulates the leasing of real estate and the Act does not, then it is contrary to the basis of objective law by which rights and duties are developed, creating legal uncertainty public institutions