Abstract

ECHEVERRI SALAZAR, Verónica María. From the free discussion contract to the adhesion contract. Opin. jurid. [online]. 2010, vol.9, n.17, pp.127-144. ISSN 1692-2530.

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.

Keywords : Autonomy of private intent; free discussion contract; contractual leadership; adhesion contract.

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