Formalization and Documentation of Contracts as a Limit of Private Autonomy. A Study from Consumption Contracts and Colombian Law 1480, 2011

Abstract

The objective of this article is to show how from the effect of Law 1480, 2011, a new limitation to contractual freedom has emerged, referred to formalization and documentation of agreements with consumers, which act as a control of form on the contractual process but not as an important control such as abusive clauses or criteria of contractual interpretation. For this, the following aspects will
be analyzed: (1) Evolution of agreement form, (2) Signing and documentation of consumption agreements, and (3) juridical effects of failure to comply with law. In conclusions, analysis will be shown, demonstrating that to retake some rituals and contractual solemnities more than going backwards before a form liberty norm,
it is an advancement, for the protection of the weak part in contractual relations.