Theoretical considerations of the principle of equality of the parts in the accession contract in Ecuador

Abstract

Within the principles of Private Law, we find the autonomy of the will and the principle of equality, which represent a fundamental part in the genesis of acts, declarations, legal transactions and contracts. Regarding the principle of equality, it is understood that the contractual parties appear at the signing of the act under similar conditions as regards the substance and form of contracting the legal bond. However, in the specific case of the pre-formulated standard contract, the parties’ equality is not objectively materialized. This study represents a conceptual review of Private Law, the contractual principles of autonomy of the will and equality, as well as the legal analysis and the incidence that, due to its great practicality, has generated the adhesion contract in commercial activities, a contract in which the principle of equality has no further application. This study is a theoretical approach to determining the essential aspects of Private Law, the principles governing it, and the adhesion contract. For this purpose, research with a qualitative and descriptive-explanatory approach is applied.