Contratos de adhesión y la vulneración al principio de autonomía de la voluntad de las partes

Abstract

This research analyzes the legal figure of adhesion contracts against the principle of autonomy of the parties' desire due to the problematic situation of whether or not there is an affectation to this type of contract. This research aims to determine if the abovementioned principle is violated within that contractual figure due to the absence of a previous negotiation when initiating this legal business. To achieve this, this qualitative analysis, through an inductive-deductive methodology and with a descriptive approach, investigates the principle of party autonomy, its conceptualization, its legal nature, and a brief study of it in comparative law. Subsequently, the figure of adhesion contracts is examined, indicating its conceptualization and characteristics, among other aspects; in addition, what is related to the prior negotiation is analyzed to expose its relation later and determine the moment in which the affectation to this principle is produced, specifying that it is produced in the pre-contractual moment of this legal figure due to the absence of prior negotiation. Finally, concrete conclusions are drawn regarding the current reality of the exposed problem, as well as recommendations to prevent the violation of the principle of free will with this contractual figure.