El contrato de interconexión en el derecho de las telecomunicaciones de telefonía fija y móvil.

Abstract

As a summary of this text, we have the first part of an investigation related to the study of the interconnection contract in telecommunications law, with respect to it, a different contractual behavior is identified from the rest of forms of flight from state contracting to administrative law, Thus, first of all, due to the atypical nature of the business, it was necessary to clarify its concept, legal nature, characteristics, parties and contractual structure, since this is one of the first debates that occur in arbitration jurisprudence, with this then it was possible to analyze the figures of private law disrupted by Intervention, modifying the birth and execution of the same, making it different from all private business, and any special or excepted regime, for that reason in a later section the usefulness of the figure is explained, since in truth it is a business private whose object is closely related to a fundamental right, which creates the intervention creation of a regulatory body, which can truly limit the autonomy of the will in the case of the privatization of administrative law, which explains its practical utility, utility that is jointly related to the theory of contractual relationship, Thematic characteristic of the second part of this research, as for the second part, this can be understood in the terms in which it seeks to understand the internal functioning of the interconnection contract, in order to understand the figure of the contractual relationship and the single deal and complex, defining both categories under which it is possible to identify that to achieve interconnection the parties can enter into several businesses, businesses that retain their individual appearance but have a univocal economic purpose, which creates dependency and interdependence in the related businesses, to be held simultaneously and concurrently, it is also possible to determine that it is connected to a chain of consumption or which ends with the contract with the user, however the way in which the relationship and operation of the business is given does not work like any other business of commercial law, but because its object is a fundamental right, a regulatory entity enters a intervene it, not only making its birth and execution compulsory, but also protects it from the classic legal consequences of its individual businesses, and therefore of the nullities and breaches that may occur internally, creating an amplification of the contract conservation law, since it goes beyond the effects of the legal figure in a linked contract that does not enjoy Intervention, leaving as a substrate the The theory of intervened mega-contracting, such as one that, due to the complexity of the purposes, needs to use several contracts for the execution of the economic purpose, an economic purpose that is closely related to a fundamental right, therefore the business is protected leaving its death as the last of last ratios, having as an argument the protection of the fundamental right.