Los problemas jurídicos derivados de la contratación pública irregular en los municipios españoles. La revisión de oficio de los actos de adjudicación de los contratos nulos

This paper refers the problems arising from irregular contracting by Spanish municipalities. Specifically, the channel to be followed is analyzed to pay the invoices presented by the providers of benefits that the Administration has obtained in an irregular manner, dispensing with an absolute form of the due procedure and with absence of credit for the attention of the contracted obligations. The prohibition of the unjust enrichment of the Administration obliges the Administration to pay the compensation received, but it can only do so by resorting to the way of the ex officio review of the award acts of the contracts improperly awarded. A study refers the amounts that must be effectively paid for the liquidation of the contracts with special interest in the possibility of payment of the industrial benefit.