Lojalitetsplikten i senare rättspraxis

Sammanfattning: The principle of good faith is a concept which comprises of a duty for the contracting parties to respect each other’s interests and to be loyal to each other. It is a broad concept which changes in character depending on the type of agreement it concerns, and which therefore makes it difficult to give an exhaustive definition of. Jori Munukka, published in 2007 a comprehensive thesis on the subject, Good Faith in Contract Law. This thesis can still be considered an important legal source, and has provided guidance in many cases. Munukka pointed out even then the increasing use of the principle of good faith, but also that the courts are cautious in their understanding and application of this concept. The purpose of this study is to examine how the concept is perceived today, nearly 11 years after Munukka’s publication. The conclusion of my study is that although a change is noticeable, there is still a certain resistance among the courts, regarding the express use of the principle of good faith. I share Munukka’s belief that this position is not indicative of the denial of the concept, but rather can be seen as a precautious measure of a concept that is not completely defined.