Förklaringsmisstag : - i ett elektroniskt sammanhang

Sammanfattning: The thesis hears content-error in relation to agreements closed by electronic means. The purpose of the thesis is to elucidate how the rules in 32 §(1) AvtL apply to agreements closed by such means and to evaluate its suitability. The elucidation is done on the basis of, the rules’ adequacy in relation to their objectives in collaboration with a comparative view on a selection of international legal framework under private law, such as DCFR, UNCITRAL Model Law, UNIDROIT Principles and CISG. Since Sweden lack a specific regulation for electronically closed agreements, all modern closing methods will be evaluated from the dated outlook of the Swedish Contract Act. In relation to entirely automated processes which results in the closing of an agreement, particular difficulty arise in correlation with prerequisites, which requires a human stance. How to determine a computer's will, trust or bad faith is possibly a trick question, the correct question may be, if intention, trust or bad faith can be attributed to a computer. The IT-investigation, SOU 1996:40, dismiss using the rule on error-in-content in association with automatically generated declaration of intention. The legal debate is relatively thin on this area and the vast majority of doctrine is out-of-date. The thesis’s conclusion can be summarized in that the subjective elements should be considered fulfilled with most electronically closed agreements but a legal reform in this area is to recommend in a mainly clarifying aim. A provision free from subjective elements – in unity with the stated international legislations’ line – is to advocate. Finally, the need of an alternative imposition of penalty has – in association with a content-error-mistake – been noticed, in the form of damage so as to put the other party in the same position in which it would have been if it had not concluded the contract.