El principio de autonomía de la voluntad en los contratos civiles y sus límites a partir de la visión de un estado de derechos y justicia

Abstract

This research examines the redefinition of the principle of freedom of contract in civil contracts, within the transition toward a constitutional State of rights and justice, as established in Ecuador since 2008. This study aimed to determine whether the classical principle of autonomy continues to operate as an absolute principle and whether its limitations remain solely legal, or whether constitutional provisions and principles constitute the substantive foundation that conditions the formation of civil contracts in Ecuador. A qualitative approach was adopted through bibliographic, exegetical, and analytical-synthetic methods, complemented by semi-structured interviews with legal professionals and experts in civil and constitutional law. The findings demonstrate that the exercise of freedom of contract is subject to contemporary constitutional provisions, including the protection of fundamental rights, human dignity, protection of the legally weaker party, the rights of nature, equality, as well as constitutional and conventionality review. In conclusion, private autonomy has ceased to operate as an unrestricted power and has instead become a freedom exercised responsibly, guided by constitutional supremacy and substantive justice, with the aim of promoting equity in private relationships. The study also highlights the need for comprehensive reform to harmonize Ecuadorian legislation with national and international standards.