Abstract

Taking into view various compared dogmatic developments that justify the generalization of the fairness control of non-negotiated terms, the subjective scope of application of the referred control in Chilean Law is examined, reviewing both the provisions that expressly refer to it as well as the rules and principles of civil law that would allow its generalization. It is argued that the rules that expressly allow some measure of control are not special, but rather concretions of a general rule present in civil law.