The alternatives to the diverse objects of this Freedom, and the legitimate interest, to whose satisfaction institutionally serve the set of powers, that one is quite an interest that is not opposite to the Law, to the Morality or to the public Order. Such a faculty consists of a possibility of choosing between several alternatives, so that his exercise should not endure any negative -I mean legally negative- consequence, also do not even subject to any legal burden or punishment, though this one is an affirmation that we must understand always as a relative one.
But, if a subjective perspective is adopted, it shows the features of a civil right, and - therefore - its essence consists of a faculty or bundle of powers a dominion of the will, to the service of a legitimate interest, which awards possibilities of personal action or exercised through an agent or representative, oponibles and enforceable in relationship to other subjects. This way, the private autonomy might be qualified very well as a General Legal Principle "Source of Law" in Spanish Civil Code. " Prima facie ", it appears as the generating force of the juridical act what the juridical act makes be born, though precisely in all that he turns out to be fitted to a more wide system: the juridical Order. To Contractual mercantile Autonomy or Freedom you can attribute a double nature: objective and subjective. Freedom of contract can be defined –or so I propose- as the "the power of natural or legal persons to create, modify, regulate or extinguish property relations by means of acts of private autonomy based on the exchange of declared wills, issued personally or by a representative, which lays down rules of conduct whose content and modalities are primarily determined by the contracting parties themselves.
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