Suécia: The protection against unfair contract terms under swedish law

AutorUlf Bernitz
CargoUniversity of Stockholm
Páginas44-52
RPDC, Dezembro de 2013, n.º 76
44
RPDC
Revista Portuguesa
de Direito do Consumo
SUÉCIA
THE PROTECTION AGAINST UNFAIR CONTRACT
TERMS UNDER SWEDISH LAW
Ulf Bernitz
University of Stockholm
1. Introductory Remarks
Sweden is one of the pioneer countries in the area of protection against unfair
contract terms. As early as in 1371, a special act aiming at establishing an effective system
for consumer protection in this area was enacted, The Terms of Contract in Consumer
Relations Act called the Contract Terms Act. From a comparative point of view, this Act
is of special interest because it provides collective protection of consumers, primarily by
the work under the Act by the Consumer Ombudsman. Later, additional legislation of
a more traditional private law character has been enacted aiming at. strengthening the
consumer’s position in disputes in individual cases.
The background of the legislation is internationally well known. As in so many other

in other contractual relations, by those parties who have the stronger bargaining position
in order to shift rights and obligations to the detriment of the weaker party. The use of
one-sided standard contract terms is greatly facilitated by the fact that Swedish contract
ant sales law is based on the principle of freedom of contract and normally only contains
statutory rules of a non-mandatory character.
On the other hand, Swedish law also recognizes the advantages of standard

molde def 76 novo.indd 44 28-07-2014 12:45:54

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