Study on the incorporation of standard terms to establish the convenience of its general regulation in Colombia

Abstract

This article analyses the convenience, from a theoretical point of view, of regulating the “control of incorporation” for non-consumer legal relations, given the frequency of contracts concluded with pre-arranged and non-negotiated clauses in Colombian practice. To this end, the similarities and differences between the figures foreseen in the general regime of obligations and contracts that have a certain similarity with the “control of incorporation” and this one are studied, as well as the relationship between the control of incorporation and neo-formalism, reaching the conclusion on the convenience of regulating, in an appropriate manner, the “control of incorporation”, as it constitutes an overcoming measure for the protection of the adhering contracting party.