Declaratoria de caducidad del contrato de concesión y responsabilidad del Estado: a propósito de la sentencia de la Corte Suprema de Justicia del 20 de octubre de 1898

This paper aims to explain, through an inductive legal historical method, the importance of the Supreme Court’s ruling of October 20, 1898. In this decision, the Colombian State was found liable for ordering the termination by default of a concession agreement of public work and its adjudication to a different bidder. The judgement of the Supreme Court shows a serious historical gap, as well as the existence of contractual forms and practices that have endured for more than one hundred and twenty years. By examining the concession agreement and the unilateral termination by default institutions, the research seeks to add to the understanding of the Colombian current system of public procurement.