Ley de Contrataciones del Estado
Ley de Contrataciones del Estado

Título XI

Arts. 102–1088 articlesTexto al 31 may 2025

Article 102Amended Contentious-Administrative Jurisdiction

Except as provided in Article 3 of this law, any dispute relating to non-compliance, interpretation, application and effects of the acts or decisions of the entities referred to in Article 1 of this law, as well as in cases of disputes arising from administrative contracts, after exhaustion of the administrative and conciliatory recourse, shall be submitted to the jurisdiction of the tribunal of

(Reformado por Artículo 13 del Decreto 11-2006 del Congreso de la República).

Article 103Amended Arbitration

If the parties so agree, disputes relating to performance, interpretation, application and effects of the contracts entered into by reason of the application of the present law may be submitted to arbitral jurisdiction by means of an arbitration clause or arbitration agreement.

Any dispute relating to performance, interpretation, application and effects of the contracts entered into by reason of the application of the present law shall be submitted to the jurisdiction of the Tribunal of Administrative Litigation or to arbitral jurisdiction by means of an arbitration clause or arbitration agreement. No criminal action may be initiated without prior conclusion of the administrative proceedings or arbitration.

(Reformado por Artículo 14 del Decreto 11-2006 del Congreso de la República).

Article 103 BisAmended Ordinary Jurisdiction

Those matters in which the violated right is of a civil character, as well as those arising from acts in which the State has acted as a subject of private law, are considered civil in nature and within the competence of the ordinary jurisdiction.

(Adicionado por Artículo 15 del Decreto 11- 2006 del Congreso de la República).

Article 104 Limitation Period of Rights and Credits against the State

Actions against the State arising from the application of this law shall prescribe in two (2) years, for:

1.Collection of rents, rentals and other compensation of the same nature;

2.Collection of obligations arising from contracts; and

3.Collection of fees, salaries, wages, per diems, daily wages and any other remuneration.

With respect to commencement of the time limit, interruption of the limitation period and related matters, the provisions established for such purpose by the Civil Code and the Law of the Judicial Branch shall apply.

Article 105Repealed Transitional

Files and/or contracts that are in process upon the entry into force of this law shall be governed by the former until completion of the phase in which they are. Subsequent phases shall be subject to the procedure set forth in this law and its regulation.

(Derogado por Artículo 19 del Decreto 27-2009 del Congreso de la República).

Article 106 Regulation

Within sixty days following the publication of this law, the Executive Branch shall issue the regulation thereof by means of a governmental agreement.

Article 107 Repeals

The following are repealed:

1.Decree 35-80 of the Congress of the Republic, Law on Purchases and Contracts.

2.Decree-Law 12-84, dated February 3, 1984

3.Decree-Law 112-85 dated October 29, 1985

4.Decree-Law 124-84 dated December 28, 1984

5.Decree 40-86 of the Congress of the Republic

6.Presidential Decree number 436 of October 21, 1955

7.Subsection 14 of Article 4 of Decree 106-71

8.Decree 99-87 of the Congress of the Republic

9.Numeral 9 of Article 12 of Decree 1126 of the Congress of the Republic

10.Likewise, any provision contrary to the provisions of this Law and derived from any Decree repealed in this Law.

Article 108 Entry into Force

This Decree shall enter into force fifteen days after its publication in the official gazette.

Source: CENADOJ, Organismo Judicial — Compilación de Leyes Penales de Guatemala, 4a. ed.. Texto al 31 de mayo de 2025. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.