Centro de Documentacion de Fundación MAPFRE - Renegotiation clauses, the doctrine of assumptions and unfair contract terms

MAP20090081222

Renegotiation clauses, the doctrine of assumptions and unfair contract terms / Bert Lehrberg

Sumario: Changed circumstances after the formation of a contract are one of the oldest and still most urgent issues of contract law. In the 18th century, and earlier, it was dealt with under the rule of "clausula rebus sic stantibus". The doctrine of "clausula rebus sic stantibus" is, as such, not applied in Swedish law. Instead a statuary rule concerning unfair contract clauses (section 36 Contracts Act) and the Scandinavian doctrine of assumptions based on case law and academic writing are applied. Before we turn to a closer look at the Swedish approach to statuary or contractual rules on renegotiation, renegotiation clauses, unfair contract terms and assumptions, some remarks should be made about what happens in practice

En: European Review of Private Law. - Vol. 6, issue 3, 1998 ; p. 265-283

1. Derecho civil . 2. Contratos . 3. Cláusulas contractuales . 4. Negociación . 5. Derecho privado . 6. Países Escandinavos . I. Title.