Violación al principio de la autonomía de la voluntad privada frente a las cláusulas exorbitantes utilizadas en la contratación de empresas de servicios públicos privadas

Abstract

Exorbitant clauses are defined in our Colombian legislation as those that constitute the expression of power that the State possesses through the Public Administration, as soon as it exercises its capacity to act in the field of public law. Within the present work, it is intended to analyze the Colombian regulations applicable to residential public services and the exorbitant clauses that are special prerogatives that the Public Administration requires in order to execute administrative contracts of this nature, where alleged violations of the autonomy of the will of the private parties that sign this type of contract.