Lojalitetsplikten i svensk avtalsrätt - En rättsvetenskaplig studie

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: The contractual principle of loyalty exists in Swedish contract law and protects the contracting parties. The principle has its roots in Roman law, and in its expression bona fides, which can be concluded as equivalence and honesty. The duty could express obligations between the parties which, in addition to the agreed content of the agreement, and may be used as general principle of law. The purpose of this paper is to examine the scope and expressions of the principle of loyalty in Swedish law, and to examine its future in an increasingly internationalized law. The principle appears to be varied within the various legal relationships of contract law, as it is, for example, widely used in cases of labor law, while it is applied restrictively as an independent principle in other contractual situations. Meanwhile, loyalty as a regulation, mainly during the last century, has been, and is under development and possible transformation. Ideas from the outside world shape Swedish law more than ever, and the idea of ​​a harmonization in international civil law largely influences legislation. Among other influences, ideas are taken from transnational principles such as UNIDROIT principles of international Commercial Contracts (UNIDROIT) and Draft Common Frame of Reference (DCFR), which have emerged as a result of increased interchange between international actors. The future of the principle will depend on the degree of internationalization that takes place in Swedish law and it will be developed in accordance with what function it will aspire to fulfill in Swedish law.

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