Other
Spanish
ID: <
10670/1.c7miks>
Abstract
The contract conceived in the framework of liberal individualism became the final result of an offer and acceptance process which was shaping the expression of two wills that seek to ensure their interests while seeking to seal the deal. However, the processes of mass production, the market economy, the technological developments and the consumer society generated transformations that led to the proliferation of a new contractual institution: the adhesion contract. The adhesive structures involve restrictions on the principle of freedom of contract and private autonomy of individuals, reason why government intervention in this area has become necessary to prevent abuses that may occur. This article presents a reflection on the possibility that the market can solve problems arising in the absence of consumer’s contractual freedom in this kind of contractual arrangements. Several arguments of theorists of the Economic analysis of Law are taken as starting point, and the impossibility of the market to replace contractual freedom is shown, as well as its failure to alleviate its consequences.