Jämkning av avtal vid förändrade förhållanden
Sammanfattning: Every day there are a lot of agreements between traders. The basic principle is that there is freedom of contract and that each party must bear its own risks. After the introduction of Article 36 of the Contracts Act in 1976, an opportunity was opened for contractors to get an agreement adjusted or void in court, with the help of this general clause. The paragraph is very immersive and involves lot of possible cases. In this essay, the focus will be on the cases where contracts have gotten impacts after they were made. Today it is 42 years ago since the article 36 was introduced to the Swedish law and in this essay, there will be a review of the current legal position. Following a review of both literature and case law, it can be noted that the court is careful to interfere in the commercial contracts. That’s because the parties' right to a fair deal must be balanced with the contractual freedom and the natural risk parties make when they enter into an agreement. Should the court use article 36 be used by the court in all too widely, there is a high risk that the predictability of contracts will decrease and give a negative development for business, which largely should be avoided.
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