Acerca de la fundamentación de la obligatoriedad de los contratos: autonomía y derecho privado

Abstract

The article critically examines the discussion regarding the normative justification of the binding force of contracts, set forth in article 1545 of the Chilean Civil Code. The theoretical schemes to understand the contractual rule are presented herein, distinguishing between non-normative and normative models. The contract is an institutional notion that requires justification and not merely explanatory considerations. Such effort should be separated from the notion of will, which has faced difficulties, considering the increased legislative interventions, which characterize the governing contractual scenario since the early XX century. The explanatory relevance of personal autonomy is suggested herein, an argument articulated from the internal structure and secondary rules that constitute private law.