Límites a la autonomía de la voluntad privada en la celebración de los contratos de condiciones uniformes suscritos por los usuarios del servicio público ordinario de aseo en las empresas EMAF E.S.P. y la Piedecuestana E.S.P.

Abstract

Autonomy of the will is an expression of individual freedom. It is protected by different national regulations, however, in other scenarios, it is necessary for the State to intervene in order to limit this autonomy, this does not seek to impose burdens or exclude the rights of persons, but on the contrary, it limits this will for the protection of these people. In user protection, the autonomy of the will is almost non-existent, since users and / or subscribers can not negotiate any contractual clause. This limitation is due to the lack of importance when hiring, consumer protection rules, among others. Likewise, the uniform conditions contract is a contract managed by legal provisions of civil law; its legal nature is based on a series of elements that characterize it as a regulatory instrument in the provision of public domiciliary service (law 142 of 1994) in a uniform and consensual manner, for all indeterminate users, who adhere to it freely and also voluntary. The purpose of my present investigation is to elaborate an in-depth review of the concepts, characteristics and nature of the domiciliary public services contract, in order to establish the legal scope of this instrument for the social projection of people.