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Unfair Contract Terms in European Contract Law: Legal consequences for and beyond Swedish Contract Law
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2014 (English)Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesisAlternative title
Oskäliga avtalsvillkor inom den Europeiska Avtalsrätten : Rättsföljder för svensk avtalsrätt (Swedish)
Abstract [en]

Recent case law from the ECJ on one of the most important EU contract law legislation has left questions open about the compatibility of Swedish con­tract law with the Unfair Contracts Term Directive. The case law on Article 6 (1) in the directive seem to have changed the view on how to deal with the legal consequence of an unfair term in consumer contracts; namely that unfair terms cannot be adjusted but need to be declared invalid. This essay examines how the effects from the ECJ case law provide new light upon Swedish contract law. The effect creates a clash of ideas and rationalities between Union law and Swedish contract law. Unfair terms cannot be adjusted as the relevant Swedish legislation provides. An unfair term needs to be invalid, and if necessary, such an unfair term can in certain circumstances be complemented with default rules from national contract law. This does not only seem to change the interpretation and application of the Swedish law, but it also form an underlying tension between the instrumental market-functional Union law and the more jus­tice oriented Swedish private law.  Furthermore, as we move towards a new European civil code, perhaps these tensions and clashes may say something about where the discipline of European Private Law is headed.

Place, publisher, year, edition, pages
2014. , 72 p.
Keyword [en]
contract terms, legal consequence, directive 93/13, consumer, internal market, European Private Law, Swedish Contract Law, effet utile, justice, Aristotle, instrumentalism, Camino, Section 36 of the Contracts Act
Keyword [sv]
oskäliga avtalsvillkor, direktiv 93/13, Camino, rättsföljder, konsument, inre marknad, instrumentalism, effet utile, rättvisa, Aristoteles, Europeisk Privaträtt
National Category
Law (excluding Law and Society)
URN: urn:nbn:se:uu:diva-229817OAI: oai:DiVA.org:uu-229817DiVA: diva2:737886
Educational program
Law Programme
Available from: 2014-10-02 Created: 2014-08-14 Last updated: 2014-10-02Bibliographically approved

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