Systematization of the Defects in the Form of the Administrative Act: Integrative Literature Review

Authors

  • Sergio Rodrigo Rojas Barrientos Universidad Simón I. Patiño https://orcid.org/0000-0002-3735-6217

    Director del Instituto de Investigaciones Jurimétricas «Metron Ariston» de la Universidad Simón I. Patiño (Bolivia). Abogado titulado por la misma casa de estudios y ex becario de la Fundación Simón I. Patiño. Magíster por la Universidad de Salamanca (España) y doctorando en Derecho Administrativo Iberoamericano en la Universidad La Coruña (España)

DOI:

https://doi.org/10.18800/derechopucp.202301.009

Keywords:

Administrative act, Administrative act elements, Administrative act form, Administrative act defects, Administrative act vices

Abstract

The purpose of this research is to identify all the defects of the administrative act associated with the element of validity form. To meet this objective, a systematic, exhaustive and replicable literature review was carried out, whose purpose was to select all reliable academic documents that address the form as an element of validity. During the reading of the selected documents, all the relevant doctrinal positions that alluded to any of the following topics were collected and collated: nature of the form as an element of validity of the administrative act, definition of form as an element of validity of the administrative act, classification of the external manifestations of the administrative act and defects under the domain of element of validity form. All the positions identified were integrated in an internally coherent scheme that is capable of discriminating formal defects from other types of defects. As a result of the integrative review of the selected documents, a comprehensive catalog of defects associated with the element of validity form was developed, which allows to objectively determine whether a defect is formal or of another nature.

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Published

2023-05-23

How to Cite

Rojas Barrientos, S. R. (2023). Systematization of the Defects in the Form of the Administrative Act: Integrative Literature Review. Derecho PUCP, (90), 317–357. https://doi.org/10.18800/derechopucp.202301.009

Issue

Section

Miscellaneous