Efectos jurídicos de la ausencia de un procedimiento para reclamar títulos de crédito.

Abstract

The present research analyzes the power of administrative enforcement exercised by public administration and its application to certificates of debt as sources of enforceable obligations. Although this power allows the administrative enforcement of liquid, determined, and enforceable obligations, its exercise must comply with the principles of the legal system and constitutional guarantees. In this context, Article 269 of the Organic Administrative Code recognizes the administrative claim concerning certificates of debt; however, it contains gaps regarding the authority competent to hear and resolve such claims, the applicable procedure, and the legal effects arising from their filing. Therefore, this research examines this regulation with the purpose of identifying mechanisms that ensure legal certainty and due process, as well as the proper and timely resolution of the claims submitted. It concludes that more precise regulation of these aspects is necessary in order to reconcile the effectiveness of administrative enforcement powers with the protection of the rights of individuals subject to administrative proceedings.