LA EXCLUSIÓN VOLUNTARIA DE LA LEY Y LA RENUNCIA A LOS DERECHOS.

Abstract

Free will makes it possible for the law applicable to the situation to deploy its effects only on those terms that are dispositional in nature. And one mode of this exclusion from law is the preventive waiver, or waiver in advance, i.e., the waiver that is made before the rights have entered the estate of the person making the waiver. In both cases private autonomy blocks the general enforcement of legal rules, and the only requirements for the validity of both institutions are that it not be against the public interest or public order and that it not injure third persons.