The Limits of Contractual Autonomy in the Capitalism of the Global Market (Los Límites de la Autonomía Contractual en el Capitalismo del Mercado Global)

Abstract

The principle of private autonomy has an evident ideological content. Thus, the political-economic context shapes its evolution, limitations and meaning. Nowadays, in the era of "economic globalization" there is a trend towards the universalization of the economic liberal model and the legal mechanisms directed to its institutionalization. In this article, I analyze the historical evolution of private autonomy in order to propose an alternative theoretical framework to grasp its limits. I argue that these limits are not only based on "public power" (imperative norms, public order) but also on "private powers" (market powers).

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Keywords: Autonomía Contractual, Derecho del Consumidor, Derecho de la Competencia