Keywords
damage
releasing prescription
administrative act
contractual default
insured limit
How to Cite
Abstract
In a 2023 judicial ruling, the Council of State from Colombia unifies its decision line around the understanding of damage and the releasing prescription terms in surety bonds. The Council of State decided that depending on the regulation, the damage could be the contractual default or the administrative act from the public authority that punishes that contractual default. In this case, the Council of State decided to annul the decision that punished the plaintiff because it was made when the surety bond was finished, and it ordered to pay an amount above the limit of the bond.
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