Las limitaciones a la autonomía de la voluntad.

Abstract

The autonomy of the will is a principle of private law recognized by the Constitution, which is that the individuals by legal disposition, regulate and create their own rules when relating contractually with another party, but this Freedom is limited when the violation of a general or collective rule is jeopardized by the imposition of law or because it alters public order or good manners. These limitations are found in the same law, which seeks to precaution the right to the weakest of the contractual relationship and protect the society of prejudicial standards for coexistence within the state. The contract is the instrument par excellence where the will of the parties is declared and is where the laws governing these relations are generated, with the limitations and constraints that are presently found in the law. At present, it is considered that this principle has had a decline in recent years due to the intrusion of the legislator by issuing laws that restrict the right of individuals to dictate and regulate their own laws that will give life to their legal relations and Business through contracts.