Characterization of the exercise of private autonomy in the scene of transnationalization of capital
DOI:
https://doi.org/10.17533/udea.esde.5210Keywords:
economic globalization, transnationalization of capital, private autonomy, freedom of contractual configuration, contracts subject to general conditions, lex mercatoria, corporate lawAbstract
The transnationalitation process of capital, that is part of the economic globalization, is characterized by a greater freedom in movement and transfer of capital´s markets and finance at the global level, beyond and above of the States, with the support of the new communication technologies and information, having as main representative the transnational corporations.
In this context, the exercise of the most important postulate of private law, private autonomy, in its manifestation of freedom of contractual configuration, is influenced by the existence of models or standards of contracting, with contents, sometimes, harmful; with the presence of customs and practices and the emergence of a right, which has a contractual and corporate nature.
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