Naturaleza jurídica de los contratos de las empresas del Estado en el marco de la Ley General de Contrataciones Públicas y la dudosa potestad para anular de oficio sus contratos

Few studies have been conducted in Peru on the legal nature of state-owned enterprises, since attention has traditionally focused on analyzing the princi¬ple of subsidiarity or the clause of subsidiary action. This justifies any effort aimed at identifying the ways in which State enterprises resemble the public administration, as well as the impact of the public procurement regime, given that these entities receive public funds to acquire goods, services, and works. Based on these considerations, this paper seeks to determine the nature of the contracts entered into by state-owned enterprises, given their subjection to the scope of the General Public Procurement Law. For this reason, the legal attribution of administrative powers is called into question - particularly the power to review their actions ex officio, including contractual relationships - as such powers may undermine the level playing field established by law for participation in economic activity alongside private companies