English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

Within the current administrative law litigation rules, dismissal for want of prosecution due to forfeiture of the claim is an inevitable phenomenon that extinguishes any right to seek affirmative relief, based on passivity of the plaintiff to appear for trial. As it happens in other latitudes, this type of dismissal is in fact a protection of rule of law and legal security against legal situations created by acts or omissions of the administration. Nevertheless, in Colombia, some State Council rulings have used unsettling and unreasonable arguments to justify either attenuation or rigour in the enforcement of dismissal for want of prosecution due to forfeiture of the claim. However, in Colombia there have been jurisprudential solutions that justify mitigation or rigorous applications of this concept, which have no reasonable legal foundation and which sometimes constitute interpretations against due process and the effectiveness of the rights of the defendants. Based on the developments of Belgian law and Council of State rulings, this article proposes force majeure as a rational limit to the dismissal for want of prosecution due to forfeiture of the claim, as a general principle of law.

temas socio-jurídicos/temas socio-juridicos

La fuerza mayor como antemperación del carácter sancionatorio de la caducidad: un posible antídoto al curare de la puesta en marcha de la pretensión contencioso/administrativa