La estabilidad jurídica a partir de la expedición de la Ley Orgánica de Incentivos para Asociaciones Público-Privadas y la Inversión Extranjera.

Abstract

The State is the principal owner and responsable for the provision of public services by constitucional mandate, this feature can be done by direct management or delegated management. The partnership´s public- private contract is a form of delegated management, where the State and the national or foreign private investor become partners for the realization of a public project for a public interest with the correct distribution and management of the risk´s project. Through The Organic Law of Incentives for Public-Privates Partnerships and the foreign investment establishe that partnership´s public- private contracts enjoy legal estability with the respect to the norms that were considered as essentials and above the tax incentives, guaranteed by the law, but this legal stability is affected when the State modifies the norms that were taken as essentials. The failure of legal stability by the State´s side creates consequences for the present and future investments.