Del contrato de libre discusión al contrato de adhesión
Este artículo pretenderá explicar los cambios que se han dado desde la This article is intended to explain those changes made from the traditional concept of a contract as an egalitarian agreement between peers in order to create obligations based on free discussion between the parties, to the widel...
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Format: | Article |
Language: | Spanish |
Published: |
Universidad de Medellín
2010
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3294164 |
Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 9, Nº. 17, 2010, pags. 127-146 |
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Summary: |
Este artículo pretenderá explicar los cambios que se han dado desde la
This article is intended to explain those changes made from the traditional
concept of a contract as an egalitarian agreement between peers in order to
create obligations based on free discussion between the parties, to the widely
disseminated adhesion contract which governs today most markets based on
the big traffic of goods and services. For this purpose, the article identifies the
ideology prevailing in the environment in which encoding and regulation of
contracts, classical conception contract, its posterior crisis with the emergence
of widely disseminated contracts, and contractual leadership were executed;
and it concludes with conceptualization of definition, functions, and juridical
nature of adhesion contracts.
Methodology used was hermeneutics from several texts of the Latina
American doctrine which was used as the pattern to read national norms in
force. For this, documentary information collection techniques were used,
duly organized through a bibliographic system. These techniques allowed
analyzing correlation of variables. Variables used to develop the research
were the free clause discussion contract, autonomy of private intent, and the
adhesion contracts. |
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