Contract Law In Finland

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Finland covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Finland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Restatement of Nordic Contract Law is a presentation of the fundamental rules and principles of Nordic Contract law, comprising the contract laws of Denmark, Finland, Iceland, Norway and Sweden. While the Nordic countries do not have a common body of contract law, rules are quite similar. Many contract law rules are undisputed but unwritten, and the authors of this book have formulated black letter rules. Each black letter rule is accompanied by comments. The comments are thorough in explaining the background of the rules, their application and consequences, often citing court cases and giving examples. The book is divided into ten chapters: General Principles, Formation of Contract, Representation, Invalidity, Interpretation, Contract Content, Performance, Breach and Remedies, Direct Claims and Assignment of Claims. The book is a practical tool in law practice, as it provides non-Nordic lawyers with an overview of contract law in the Nordic countries.

The law of contract increasingly takes account of welfarist considerations (the need to protect vulnerable parties, for example). This book, focusing on English and Finnish law, analyzes the coherence of welfarist ideals and explores seminal ideas of procedural and substantive fairness.

This work acknowledges two perspectives on the development of contract law: welfarist aspects of contract law; and harmonization in terms of international trade. Broadly, the book concentrates on the social contract areas, and not on international trade.

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.