Oskälighetsbedömning enligt den avtalsrättsliga generalklausulen 36 § AvtL - Med fokus på senare inträffade förhållanden

Sammanfattning: Section 36 of the Swedish Contracts Act is considered to be the most momentous regulation in the Contracts Act. The general clause gives the opportunity to adjust- or to disregard the agreement in whole. A contract can be adjusted if a circumstance, i.g. a changed circumstance, is assessed to be excessive. The purpose of the essay is to research how to address the excessive matters in relation to section 36 of the Contracts Act, focusing on changed circumstances. The essay will narrate various factors of importance when assessing excessive matters according to section 36 of the Contracts Act to reach a conclusion. Narration of the possibilities to assess excessive matters regarding changed circumstances will also be presented. Pacta sunt servanda, the principle that agreements must be kept, is up against the importance of a contract being fair and to have been emerged under circumstances that are not excessive. An assessment will be made with regard to the circumstances in every case individually. How to assess the excessive matters in practice is still a difficult question to answer. Since the origin of the general clause, section 36 of the Contracts Act is used when assessing the matter of changed circumstances.